HARBHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Harbhajan Singh alongwith four other accused faced trial for the offence under Section 302, 376 and 109/34 IPC. But the appellant was convicted for the offence under Section 376 IPC and was sentenced to undergo life imprisonment and to pay a fine of Rs. 50,000/- and in default, to undergo further period of 2 years R.I. The other accused were acquitted of the charges framed against them. It is also noticed that a juvenile accused Rajni was facing enquiry before the Juvenile Justice Board. Accused Harbhajan Singh aggrieved by the judgement of conviction and sentenced passed by the trial Court has preferred the present appeal.

(2.) The case in brief of the prosecution is that the deceased (as she was allegedly raped, her name is not referred to herein) aged 161/2 years was daughter of PW1 Ram Pal and PW2 Balbir Kaur. She was a student of Matric in Government Girls Sr. Secondary School, Phillaur during the year 2005-06. PW15 Kamal Kishore was the Principal of the school. Accused Harbhajan Singh was one of the employees of the said school. Juvenile accused Rajni was also a student of the said school.

(3.) On 8.4.2006, the deceased victim and Rajni proceeded to the school to appear in practical examination. On the said day at about 3.00 p.m. Rajni brought the deceased back from the school by holding her shoulders. PW2 Balbir Kaur noticed that Rajni left the deceased at her residence without disclosing any fact. The deceased entered the house with difficulty. PW2 Balbir Kaur took her in a rickshaw to B.R. Hospital, Phillaur for treatment. Her health condition was serious at that time. She was given first aid by PW14 Baljeet Singh who was working as a Compounder. Thereafter, the deceased was sent back. But she died on the same day at about 7.30 p.m. PW1 and PW2 cremated her thinking that it was a sudden death. On the basis of some whispering in the village they learnt that the death of the victim was on account of the act of someone else.