AMARJIT Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated April 29, 1986, of Additional Sessions Judge, Jalandhar, by which the appellant was convicted under Sections 376 and 386 of the Indian Penal Code, and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 500/- and in default of payment of fine to undergo rigorous imprisonment for 3 months, under Section 376 of the Indian Penal Code and to undergo rigorous imprisonment for two years under Section 366 of the Indian Penal Code. The substantive sentences were ordered to run concurrently. The facts of the case in brief are as under :-

(2.) IN June, 1986 the accused used to commute between his village and Nawanshahar for certain training in the profession of Muneem. He had to pass through village Bhangal Kalan. Kulvinder Kaur resident of that village a student of VIIIth class used to go to Nawanshahar daily for tuition. They got acquainted with each other and Kulvinder Kaur came under the influence of the accused who boasted before her that he was a Jat and owned a Kothi at Garhshankar. On 19.6.1985, Kulvinder Kaur went to Nawanshahar as usual. At about 7.30 a.m., she reached Railway Station, Nawanshahar, where the accused met her and asked her deceitfully to accompany him to Garhshankar where he would show his kothi to her. The accused represented that after a visit to that place he would leave Kulvinder Kaur back at the same place. Taken in by the sweet talk of the accused Kulvinder Kaur accompanied him. She was taken by the accused first to Jaijon and then to Una. Both of them stayed at Una for two nights. The accused wanted to satisfy his lust but Kulvinder Kaur was mensurating. The accused took Kulvinder Kaur to Hamirpur and after a night's stay there, to Nawanshahar. Ultimately, the accused took Kulvinder Kaur to his native village Garhi Ajit Singh. He took Kulvinder Kaur to a deserted brick kiln and committed sexual intercourse with her without her consent in one of the uninhabited rooms at the brick kiln. Kulvinder Kaur resisted and also cried but the accused threatened her at knife point and also threatened that he would leave her alone at that place in case she raised any alarm. She was made to stay at the brick kiln for the night.

(3.) DURING the investigation, ASI Madan Lal on 24.6.1985 received information about the where abouts of the accused and the prosecutrix. He raided the house of the accused in village Lodhipur and found the accused and the prosecutrix present there. The accused was arrested. The custody of Kulvinder Kaur was handed over to her mother. On 25.6.1985, the prosecutrix and the accused were got medically examined. Dr. Paramvir Kaur of Civil Hospital, Nawanshahar, medically examined Kulvinder Kaur and found abrasion on the right knee, right elbow and bruises over both the buttocks of Kulvinder Kaur. According to the doctor the vaginal orifice admitted two fingers with difficulty. She prepared two slides and two swabs sticks and sent the same for Chemical Examination. She also sent the underwear and salwar stained with blood for Chemical Examination. As per report of the Chemical Examiner Ex. PM semen was found on the underwear and slides. However, no spermatozoa were found on the salwar and swabs. On 26.6.1985, Kulvinder Kaur was produced before the Judicial Magistrate, Nawanshahar where her statement under Section 164 Cr.P.C. was recorded. The investigating officer prepared the site plan Ex.PN. Aks Shajra Ex. PD was prepared by Dilbag Singh Patwari. The prosecutrix was cadiologically examined on 28.6.1988 and Dr. Kulvinder Kaur who performed the radiological investigation gave opinion Ex.PB that the age of the prosecutrix was between 10 to 14 years. The accused was medically examined by Dr. K.S. Pahwa, on 25.6.1985. The doctor took into possession his underwear and sent the same to the Chemical Examiner and the report of the Chemical Examiner Ex.PD, is to the effect that semen was found on the underwear. After the completion of the investigation, the accused was challaned and tried.