TARWINDER SINGH @ DABBA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence dated 03.11.2006 passed by learned Additional Sessions Judge, Moga, whereby Tarwinder Singh @ Dabba, the present appellant, was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.20,000/- for an offence punishable under Section 376(2)(f) IPC; to undergo rigorous imprisonment for five years and to pay a fine of Rs.5000/- for an offence under Section 366 IPC and to undergo rigorous imprisonment for six months and to pay a fine of Rs.500/- under Section 506 IPC.

(2.) However, all the substantive sentences were ordered to run concurrently. The prosecution case was set in motion on the statement of the prosecutrix herself (name withheld) made to PW-7 ASI Jagdish Lal, P.S. Mehna, who on receipt of a telephonic message reached Civil Hospital, Moga, on 27.08.2004 at about 7.00 PM. In her statement (Ex.P3), the prosecutrix, aged about 8 years, has stated that she is a student of 4th class and that today i.e. 27.08.2004 at about 2.30 PM, when she was playing outside her house in the street, Tarwinder Singh son of Joginder Singh of her village, who is also known as 'Dabba', kidnapped her and took to 'Panchayat House', which is situated near their house. She further stated that when she started weeping, he (appellant) put his hand on her mouth and said that if she shouts then he will kill her. Thereafter, Tarwinder Singh took her in a room of the 'Panchayat House' and forcibly removed her underwear and had sexual intercourse with her. She raised alarm in loud voice upon which her mother Sukhwinder Kaur came to the spot. On seeing her mother, Tarwinder Singh ran away from the site. On seeing her in blood stained condition, her mother Sukhwinder Kaur along with Harmail Singh son of Pala Singh got her admitted at Civil Hospital, Moga. On the basis of such statement, ruqa Ex.P9 was sent to the Police Station for lodging of an FIR. On receipt of such ruqa, FIR Ex.12 was registered at about 8.00 PM.

(3.) Thereafter, PW-5 Dr. Daizy Sood medico legally examined the prosecutrix. She handed over three sealed parcels containing swabs, underwear and shirt as well as some documents along with copy of medico legal report (Ex.P6) to ASI Jagdish Lal the Investigating Officer, which were taken into possession vide recovery memo Ex.P8. Such parcels were sent to the Chemical Examiner, Punjab for examination. In the report Ex.P6, the spermatozoa was found on the contents of swab sticks taken from introitus of the prosecutrix. It indicates the commission of sexual intercourse by the accused. PW-5 Dr. Daizy Sood noticed three injuries on the person of the prosecutrix and found that secondary sex characters were not developed. On local examination, she noticed that labia majora and labia minora were normal and found a scratch mark cm over the perineum at 8 o'clock position and another laceration 1 x 1/2 cm over the perineum at 6 o'clock position.