TEJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 22.03.2002, passed by the learned Addl. Sessions Judge, Jalandhar, whereby, he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1000/- under Section 363 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of nine months and further convicted and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 3000/- under Section 366 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year. He was also convicted and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 5000/- under Section 376 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of one and a half year. All the sentences were ordered to run concurrently. Co-accused Dharamvir Singh was acquitted of the charges framed against him.

(2.) The brief facts of the prosecution case are that on 24.07.1999 at 11.00 A.M. prosecutrix was coming back after purchasing the envelope from the post office. When she reached near the site of the Bhairo, then one white coloured car arrived there in which two persons, one of whom was Joga son of Mohni and the name of the other was not known, were sitting. Joga threw the prosecutrix into the car by gagging her mouth. The other companion of Joga drove away the car towards the side of Phillaur and took her to a place of an unknown well where a room was built. Both Joga and his companion committed rape upon her one after the other and they detained her in the room of the well for about two hours. After a gap of 21/2 hours, they took her in the said car and left her on the brick kiln of Amrik Singh and fled away. The prosecutrix on coming back to the house narrated the said version to her parents. On being felt insulted of their reputation, they did not tell about the incident to anybody.

(3.) However, later on Joga and his companion started chasing prosecutrix and on being fed up, they lodged the report regarding the incident to ASI Sucha Singh of P.S. Goraya on 27.09.1999. Statement of the prosecutrix Ex.PD was recorded and ruqa was sent to police station, on the basis of which FIR Ex.PD/2 was registered. Statements of witnesses were recorded. Rough site plan was prepared. Prosecutrix was medico-legally examined. Accused were arrested. Accused Tejinder Singh was also subjected to medical examination. After necessary investigation, challan was presented against the accusedappellant and supplementary challan was presented against coaccused Dharamvir Singh.