JASBIR SINGH AND ANR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Tersely, the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant appeal and emanating from the record, as claimed by the prosecution, are that the minor prosecutrix (name withheld) (PW1) aged about 13 years, was a poor labourer and belongs to scheduled caste. Appellant-convict Smt.Raj wife of Sheera alias Kashmir Singh (for brevity "the appellant") also belongs to scheduled caste and was residing in her neighbourhood. Initially, about 4/5 months prior to the present occurrence, she took the prosecutrix to the fields on the pretext of answering the call of nature. She falsely pretended her that she had some work in the Haveli of Kanty and they would just come back. Appellant-convict Jasbir Singh alias Neeku son of Pritam Singh was already present there. As soon as, the prosecutrix entered in the Haveli, in the meantime, he caught hold of her from his arms and forcibly took her inside the cattle's shed (room), whereas appellant Smt.Raj sat on the door. Appellant Jasbir Singh had forcibly opened the string of her loose trousers (Salwar) and tried to rape her. She raised hue and cry, upon which, appellant Jasbir Singh threatened her not to raise noise, otherwise, she would be killed. Thereafter, he forcibly committed rape against her will and without her consent. The blood started striking/oozing out from her private part, which was cleaned by appellant Smt. Raj with a cloth. Both the appellants were stated to have threatened the prosecutrix with dire consequences in case she would disclose the incident to her parents and would not come there as per their dictate & desire. Consequently, the prosecutrix did not disclose the occurrence to her parents on account of fear and threat. According to prosecution, thereafter, whenever appellant Smt. Raj used to take her in the Haveli, then, appellant Jasbir Singh used to commit rape with her against her wishes.

(2.) The case of the prosecution further proceeds that on the fateful day (19.10.1999), when the prosecutrix was returning to her house after watching the festival of Dussehra, then, appellant Jasbir Singh caught hold of her from his arms and forcibly took her inside the cattle's shed (room) of Haveli. Some one reported the matter to her mother Kashmir Kaur (PW2), who also reached there. She started abusing Jasbir Singh, who was committing rape with her daughter after removing her loose trousers (Salwar). After seeing her mother, he slipped away from the place of occurrence. The prosecutrix became pregnant. The respectables of the locality tried to effect compromise between the parties, but in vain. Thereafter, the matter was reported to the police on 15.11.1999 in this regard.

(3.) Leveling a variety of allegations and narrating the sequence of events, in all, the prosecution claimed that appellant Jasbir Singh had repeatedly committed the forcible rape with the prosecutrix against her wishes with the active connivance of appellant Smt.Raj. She became pregnant and was carrying pregnancy of 22 weeks. In the background of these allegations and in the wake of statement (Ex.PA) of the prosecutrix, the instant case was registered against the appellants, vide FIR No.348 dated 15.11.1999 (Ex.PA/2), on accusation of having committed the offences punishable u/ss 376, 506 and 120-B IPC by the police of Police Station Sadar, Amritsar in the manner depicted here-in-above.