SUKHDEV SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed by the appellants against the judgment of conviction and order of sentence dated 25.09.2002, passed by the learned Addl. Sessions Judge, Jalandhar, whereby, appellant Sukhdev Singh was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 5,000/- under Section 376 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year whereas appellant Jinder Bhaiya was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 5,000/- under Section 376 read with Section 34 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year. Co-accused Joga Singh and Tara Singh were acquitted of the charges framed against them.

(2.) The brief facts of the prosecution case are that FIR in the present case has been registered on the basis of statement Ex.PD made by prosecutrix, who was about 14 years of age, before ASI Manjit Singh. As per the FIR, on 17.01.2001 at about 7.30 P.M, prosecutrix was going on foot to the house of her aunt. On seeing her, Sukhdev Singh alias Kuku and Jinder Bhaiya came out of the shop and forcibly lifted her and took her to a vacant plot having four walls but without any gate. There Jinder Bhaiya put his hand on her mouth and Sukhdev Singh alias Kuku committed rape upon her. On hearing her shrieks, her aunt Kiran Mehmi and her son Manish Kumar and Surinder Kumar son of Sucha Ram came to the spot and got her released. Both the accused-appellants fled away from the spot. On the basis of this statement, ruqa was sent to the police station, whereupon FIR was registered. The Investigating Officer visited the place of occurrence and prepared rough site plan and also took into possession small pieces of bangles from the spot. Prosecutrix was medico-legally examined. Accused were arrested. Accused were also medico-legally examined. After necessary investigation challan was presented against the accused-appellants and co-accused.

(3.) On presentation of challan against accused-appellants and co-accused, copies of challan and other documents were supplied to them under Section 207 Cr.P.C. Finding prima facie case, the accused-appellant Sukhdev Singh was charge-sheeted under Section 376 IPC and accused-appellant Jinder Bhaiya was charge-sheeted under Section 376 read with Section 34 IPC and both the accusedappellants were further charge-sheeted under Section 3 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereas co-accused Tara Sigh and Joga Singh were chargesheeted under Section 120-B IPC, to which they pleaded not guilty and claimed trial.