RAVINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Case of the prosecution is that the complainant Roshni along with her family was residing in a rented room bearing No.429, Street No. 4, Gandhi Nagar, Gobindgarh. Her husband was working in a factory. The appellant was residing as a tenant in a room adjoining the room of the complainant. On 08.01.2006, complainant had gone to a nearby shop to purchase tea at about 04:30 p.m. When she returned, she heard the cries of her daughter, aged about six years from the room of the appellant.

(2.) Thereupon, she entered that room and saw appellant committing rape on her daughter. On seeing her, appellant fled away from the spot after leaving his underwear at the spot. She raised alarm, which attracted persons from the neighbourhood.

(3.) She reported this incident to the police vide her statement Ex.PW6/A, that was recorded by Kulwant Singh, ASI, (PW8), who later sent this statement to Police Station Gobindgarh through Sajjan Singh, HC, where formal FIR Ex.PW8/B was recorded by Sewa Singh, HC. Thereafter, Kulwant Singh, ASI (PW8) along with complainant visited the place of occurrence and prepared the site plan Ex.PW8/C. He also seized underwear of the appellant, that was stained with blood vide recovery memo Ex.PA after making parcel, thereof, which was sealed by him with his seal bearing impression 'KS'. Recovery memo Ex.PA was signed by Dharampal, HC and Dalbir Singh, husband of the complainant. Later prosecutrix (daughter of the complainant), was taken to Civil Hospital, Gobindgarh for medical checkup and she was medicolegally examined there. After the medical examination, prosecutrix was handed over to her parents. Concerned doctor also handed over one parcel containing swabs and one underwear of the prosecutrix to Kulwant Singh, ASI, besides, envelop containing letter addressed to Chemical Examiner. Those were deposited by Kulwant Singh, ASI with MHC of Police Station on 09.01.2006. He also got x-rayed the prosecutrix at Civil Hospital, Gobindgarh.