GURPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE accused, Gurpal Singh, then aged 40 years, was convicted under Section 476 of the Indian Penal Code for having committed rape on Dharam Kaur, aged about 18 years, on 27.12.1989.

(2.) THE facts of the case are that at about 5.30 P.M. on 27.12.1989, Dharam Kaur resident of village Kacha Machhiwara went to tether her buffalo in the out-house located at a distance of about one and a half killas from their residential house. While she was tethering the buffalo, the accused, who lived in her neighbourhood, entered the Chhapar, caught hold of her and after throwing her on a cot lying at the spot raped her. Dharam Kaur's shrieks attracted her elder brother Dharam Pal, who reach the place immediately and attempted to catch hold of the accused, but he managed to escape. Dharam Pal accompanied by his wife Gurmit Kaur then took Dharam Kaur to the Civil Hospital, Machhiwara where she was examined by Dr. Gurmit Singh (PW-3) but as a lady doctor was not available, he referred her to the Civil Hospital, Samrala where she was medically examined by Dr. Rupinder Kaur (PW-1). On receipt of a wireless message from the Police Station, Samrala, Sub Inspector Manmohan Singh reached the hospital and recorded her statement (Exh. PG) at 2.30 P.M. on 28.12.1989 and on its basis the formal FIR was duly registered. The accused was arrested and on the completion of the investigation, was charged for the aforesaid offence and as he pleaded not guilty was brought to trial.

(3.) THE prosecution case was then put to the accused and his statement recorded under section 313 of the Code of Criminal Procedure, in which he denied the allegations levelled against him.