GAJJAN SINGH Vs. STATE OF U T CHANDIGARH

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 12.09.2008 passed by the learned Additional Sessions Judge, Chandigarh, convicting the appellant for an offence under Section 376 of Indian Penal Code (for short IPC ) read with Section 109 IPC and sentenced him to undergo life imprisonment vide order dated 15.09.2008 and also directed the appellant to pay compensation of '1,00,000/- to the prosecutrix, who is none else but his minor daughter.

(2.) The prosecutrix, name withheld, gave a statement on 30.07.2007 Ex.PA to SI Harjit Kaur of Women & Child Support Unit, of Chandigarh Police. On the basis of such statement FIR, Ex.PK, was lodged at 10:30 PM. Copy of the special report was delivered to the Illaqa Magistrate at 12:25 AM/midnight.

(3.) The prosecutrix has stated that she has three brothers. The eldest is of 17 years and the younger to him is 16 years. She is born next whereas her younger brother is aged about 10 years. She was student of 7th class in a school situated in village Khuda Ali Sher. Her real mother had died when she was a small child and her step mother has been residing in village with her father for the last 8-9 years. She stated that her father started doing wrong things with her, when she was student of 5th class. One day her father called her in a room when there was nobody else in the house. He bolted the room, undressed her and raped her. He threatened her that in case she tells this activity to anybody else then she would be beaten badly. She was really scared. Thereafter, whenever there was nobody in the house, her father would take benefit and would do bad things with her. She shared this with her step mother Laxmi but she rebuked her, gave beatings to her and threatened that if she tells this thing to anybody else, then she would treat her badly. She told her to comply with the wishes of her father. This process continued. About 10-12 days ago of giving statement, her father took her to a room and did wrong thing. When her father was coming out from the room after doing sexual intercourse, then his uncle Raj Kumar, who was residing for some months in the same house and his brother Makhan Singh came there. They asked her that what her father Gajjan Singh was doing in the room. She got scared and narrated the entire incident. Her uncle Raj Kumar shared information with Rahul. Thereafter, she came to lodge report along with her brother Makhan Singh, maternal uncle Raj Kumar and Rahul. She stated that her father has been doing wrong things with her forcibly for about one and a half year. For doing these acts, her step mother has sided with her father.