MANGAT RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHALLENGE in the present appeal is to the judgment of conviction and the order of sentence dated 03.01.2002 passed by the learned Additional Sessions Judge, Jalandhar, whereby Mangat Ram, Roshan Lal and Makhan Lal, all sons of Balwinder Kumar, were held guilty for the offences punishable under Sections 376(2)(g) and 506, IPC and ordered to undergo the following sentences:- Sections Sentences Fine (in ') In default (R.I.) payment of fine (in R.I.) 376(2)(g), IPC 10 years 5,000.00 each 01 year 506, IPC 01 year 500.00 each 01 month All the sentences were ordered to run concurrrently.

(2.) AFTER filing of the appeal, Roshan Lal (appellant No.2) had died, therefore, the present appeal has abatted so far as Roshan Lal (appellant No.2) is concerned.

(3.) THE prosecutrix was taken to the Civil Hospital, Nakodar, where Dr. Paramjit Kaur (PW-6) conducted her medico-legal examination. The Investigating officer visited the place of occurrence and prepared the site plan (Ex.PL). He also collected the crushed millet plants vide recovery memo (Ex.PM). The Investigating Officer also summoned the photographer Baldev Raj (PW-7) at the spot and got the snaps of the spot. The proseuctrix was also sent to the Civil Hospital, Jalandhar, for determination of her age. Vide endorsement Ex.PH, the radiologist, namely, Dr.Ashok Bagat (PW-12) declared her age between 17 to 19 years. The dupatta belonging to the prosecutrix was taken into possession vide recovery memo (Ex.PL). Appellant Mangat Ram was arrested on 28.08.2000 and during his custody, he suffered disclosure statement (Ex.PO) wherein, he disclosed that he had kept concealed his underwear in an iron box at his house. Consequently, he got the underwear (Ex.P1) recovered from his house, which was smeared with blood and semen. The investigating officer prepared the site plan (Ex.PK) of the place of recovery fromwhere the underwear was recovered. The area Patwari-Ashwani Kumar (PW-9) prepared the scaled site plan (Ex.PR) after visiting the spot. The remaining appellants were also medico-legally examined by the doctor after their arrest. Both of them were found capable of performing the sexual intercourse. After completing the formalities of the investigation, the charge-sheet (report under Section 173, Cr.P.C) was presented before the learned Area Judicial Magistrate, Nakodar. He committed the case to the Court of Session.