(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 5.1.1993 passed by learned Additional Sessions Judge, Ferozepur in Sessions Case No. 2 of 1993 vide which the accused- appellant was sentenced to undergo RI for a period of ten years and to pay a fine of Rs. 2000/- and in default of payment of fine to further undergo RI for six months in case FIR No. 15 dated 10.3.1990.
(2.) THE prosecution story is that the house of the accused and the house of Balwinder Kaur mother of the prosecutrix Sukhwant Kaur alias Sukhwinder Kaur ajoin with each other. At about 4 PM on 9.3.1990 Sukhwinder Kaur was playing in the street whereas, her mother Balwinder Kaur was working in the house. The husband of Balwinder Kaur namely Madan Lal had gone to work at the brick kiln. The accused came to the street where the prosecutrix was playing and lifted her and took her to his house. Balwinder Kaur heard the shrieks of her daughter after about five minutes and she went to the house of the accused. The accused was committing rape with Sukhwinder Kaur by inserting his penis into her vagina and the vagina of the prosecutrix was bleeding profusely. Sukhwinder Kaur was carrying. On seeing Balwinder Kaur the accused managed to escape by running. The husband of Balwinder Kaur came to the house after he came to know about the incident. Balwinder Kaur narrated the incident to her husband and they took the prosecutrix to Civil Hospital, Ferozepur for treatment. The prosecutrix was medico-legally examined at about 9 PM on the day of occurrence and Dr. Renu Singla, who medico-legally examined the prosecutrix has opined that hymen was torn. There was tear measuring 1 cm x 0.5 cm on the anterior and posterior vaginal walls. The underwear of the prosecutrix was blood stained. The doctor further opined that fresh bleeding was present and the probable duration of the injuries was about six hours. Two vaginal swabs were taken and were sent in a sealed parcel to the Chemical Examiner, Patiala for confirmation of the presence of spermatozoa. The underwear of the prosecutrix was also made into a parcel and was sealed by Dr. Renu Singla. Both the parcels were sent to the Chemical Examiner and the Chemical Examiner vide report Ex.PD confirmed that spermatozoa was detected on exhibit No. I and II namely swabs and kachhi respectively. Thereafter the formal FIR was registered against the appellant.
(3.) IN support of its version, the prosecution examined PW-1 Dr. Renu Singla and PW-2 Balwinder Kaur, mother of the prosecutrix and after tendering certain documents on record, the prosecution closed its evidence.