RAJU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT Raju has preferred this appeal as he has been convicted under Section 376 IPC in FIR No. 102 dated 20.02.2006, registered at Police Station Sadar, Patiala to undergo rigorous imprisonment for ten years and pay a fine of Rs. 5,000/ - and in default of payment to further undergo rigorous imprisonment for two years. The victim (name withheld) was a student of 7th class. She had gone to Rajindra Hospital, Patiala alongwith her mother on 20.02.2006. Both of them returned to the village at 12:30 P.M. The victim alongwith her mother Surender Kaur went to the fields to cut Barseem crop. The victim left the field and went to the toilet near the fields. Accused Raju came and put his hand on her mouth and picked her up and took her in the Kotha and raped the girl. When the prosecutrix tried to raise alarm, she was silenced. The cries, however, attracted her mother Surinder Kaur who came to the spot. Surinder Kaur picked up a danda and hit the accused. The alarm raised by the prosecutrix and her mother attracted people working in the nearby fields. They caught hold of Raju and gave him a beating. Surinder Kaur informed her husband Gurmeet Singh who was working as a driver. He returned to the village. All of them alongwith a Sarpanch went to the police alongwith Raju. The police met them near Bahadurgarh where the complaint Ex. PA was made and it was reduced into writing and handed to the police. The girl was sent for her medical examination. After completing the necessary formalities, a report was laid against the accused under Section 376 IPC.

(2.) THE accused was charge sheeted, he pleaded not guilty. The prosecution examined Gurmeet Singh, the prosecutrix, Surinder Kaur, the medical officers and the investigating officers.

(3.) I have considered the submissions made on behalf of the appellant and that of the State.