TEJA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in the present appeal is to the judgment of conviction and the order of sentence, dated 19.12.2000, whereby the appellant was held guilty for the offence under Section 376, IPC, and ordered to undergo rigorous imprisonment for a period of 10 years besides payment of fine of Rs. 1000/-, and in default thereof to undergo further rigorous imprisonment for one year.

(2.) Brief facts of the case are that PW-4-J. Kaur (full name of the prosecutrix has been concealed) who is daughter of appellant, Teja Singh, moved complaint (Ex-PA) to the Senior Superintendent of Police, Bathinda against her father alleging that she was being sexually harassed by her own father, i.e. the appellant. The Superintendent of Police, Bathinda, directed the Deputy Superintendent of Police, Surinder Kaur (PW-1) to hold an inquiry. After completion of the inquiry, Report (Ex.PB) was submitted by the Deputy Superintendent of Police, Surinder Kaur, wherein she recommended registration of a case against the appellant. Therefore, FIR No.142 dated 25.05.1998 for the offences punishable under Sections 354 and 506, IPC, was registered at Police Station, Kotwali, Bathinda. It is apposite to mention that during the inquiry, the Deputy Superintendent of Police had also recorded the statement of M. Kaur (name concealed), PW-3 another daughter of the appellant, wherein she too narrated with regard to the sexual assault on her by the appellant.

(3.) After registration of the case, supplementary statements of J. Kaur (PW-4) and M.Kaur (PW-3) were recorded and even their affidavits were obtained by the Investigating Officer on the basis of which, Section 376, IPC, was added. After arrest of the appellant, he was got medically examined from Dr. Kasturi Lal (PW-2) who opined that he (appellant) was capable of performing the sexual intercourse. After completion of the investigation, charge-sheet (report under Section 173 Cr.P.C.) was presented before learned Area Judicial Magistrate, Bathinda. Since the offence punishable under Section 376, IPC, was exclusively triable by the Court of Session, therefore, the case was committed to the latter Court. Finding a prima facie case for the offences punishable under Sections 376 and 506, IPC, the charges were framed to which the appellant pleaded not guilty and claimed trial.