RAMA AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CONCISELY , the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant appeal and emanating from the record, as claimed by the prosecution, are that the marriage of prosecutrix (PW 5), aged 45 years (named intentionally withheld) was solemnized with Assa Ram, resident of village Bhagu, 25 years prior to the present occurrence. Six children were born out of their wedlock. On 30.3.1996, Assa Ram had gone to village Alamgarh, whereas she was present along with her children in her house. At about 11.00 PM, she suddenly heard the noise of knocking at the door of the room, where she was sleeping along with her daughter Pammi (PW 10). Appellants -convicts Rama son of Nand Ram and Om Parkash son of Atma Ram (for brevity 'the appellants') asked her to open the door, but she resisted. Ultimately, they were stated to have forcibly opened the door and immediately entered the house. Om Parkash (appellant) caught hold of her arms and threatened with dire consequences if she raised any hue & cry, whereas Rama (appellant) forcibly broke open the string of her loose trousers (Salwar) and committed the rape, without her consent. She raised noise, which attracted her daughter Pammi (PW 10), who was sleeping on the bed in the same room. She has also started raising noise. Thereafter, both the appellants fled away from her house. On the next morning, she went to village Alamgarh, where her husband had gone one day prior to the present occurrence and narrated the entire episode to him. As soon as, she along with her husband was going to Police Post, Bahaw Wala for reporting the matter, in the meantime, ASI Gurjant Singh (PW 11) met them on the way. She reported the matter, made her statement (Ex. P6) to him and thumb marked the same in token of its correctness. Leveling a variety of allegations and narrating the sequence of events, in all, the prosecutrix claimed that on the night intervening 30/31.03.1996, Om Parkash (appellant) caught hold by her arms and Rama (appellant) committed rape without her consent in her house. In the background of these allegations and in the wake of statement (Ex. P6) of the prosecutrix, the instant criminal case was registered against the appellants, vide FIR No. 33 dated 31.03.1996 (Ex. P12), on accusation of having committed the offences punishable u/ss 452, 376(g) and 506 IPC, by the police of Police Station Sadar Abohar, District Ferozepur, in the manner depicted here -in -above.

(2.) AFTER completion of the investigation, the final police report (challan) was submitted by the police against them to face the trial for the pointed offences.

(3.) SEQUELLY , the prosecution, in order to substantiate the crime against the appellants, has examined PW 5 prosecutrix (aged 45 years), who has deposed in the following terms: -