JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JARNAIL Singh son of Hira Singh the appellant herein stands convicted vide impugned judgment of learned Additional Sessions Judge, Ferozepur dated 8.10.1992 and sentenced as under :- U/s 376 IPC RI for seven years and to pay a fine of Rs. 1000/-, in default of payment of fine to further undergo RI for six months. U/s 452 IPC RI for two years and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo RI for three months. U/s 506 IPC RI for six months and to pay a fine of Rs. 200/-, in default of payment of fine to further undergo RI for fifteen days. However, all the sentences were ordered to run concurrently. It is further ordered that a sum of Rs. 1000/- would be given to prosecutrix by way of compensation out of total fine.

(2.) AGGRIEVED by the judgment of conviction and sentence, the appellant has preferred the present appeal.

(3.) IN short the case of the prosecution is that parents of Mitto Bai had gone to attend function at Dera Beas 4/5 days before the registration of the case. Mohan Singh aged 11/12 years, the brother of the prosecutrix was sleeping in the courtyard whereas the prosecutrix was sleeping inside the room of the house. It was about 10/11 PM when the appellant allegedly entered the room where the prosecutrix was sleeping. The prosecutrix made an attempt to raise alarm but the appellant allegedly committed rape with her by putting her in fear of death. The matter was told to Mohan Singh her brother after the appellant had left the house. After 5/6 days of the incident, the parents of prosecutrix returned to village from Dera Beas. They were apprised of the incident and thereafter Smt. Dialo Bai and the prosecutrix went to village Karian to reside with their relatives in order to save the honour of the family but ultimately on 6.4.1991, Smt. Dialo Bai lodged the report with the police regarding this incident. The police immediately inspected the place of incident, prepared rough site plan at the instance of Mohan Singh brother of the prosecutrix. The prosecutrix was subsequently got medically examined by Dr. Jagmeet Kaur, Medical Officer, Civil Hospital, Ferozepur PW2. Her ossification test was also done.