NARESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order dated 16.12.2008 passed by Ms. Ramesh Kumari, Additional Sessions Judge, Muktsar vide which the accused-appellant has been convicted under Section 376 IPC and sentenced to undergo rigorous imprisonment for a period of 10 years with a fine of Rs. 5,000/- and in default of payment of fine to further undergo imprisonment for 6 months.

(2.) SHO police station has sent Naresh Kumar-appellant to face trial for an offence punishable under Section 376 IPC in F.I.R. No. 20 dated 28.03.2007. The law was set in motion by recording the statement of prosecutrix (hereinafter mentioned as "victim"). Name not disclosed on account of judgement of Hon'ble Apex Court. Victim has stated that she is daughter of Malua, resident of Tarav at present she was residing at Kothe Kesar Singh Wale Dakhi village Kotli near the brick kiln of Pappi. She has two brothers, namely, Jatinder Kumar and Vijay. She disclosed that she along with her two brothers namely Jatinder Kumar and Vijay along with wife of Jatinder Kumar Sumtiya had come to brick kiln of Pappi after Deepawali festival last year. They all of them were residing at brick kiln itself and were working as labourer. On 22.03.2007 at about 12-00 O' clock that one of her brothers Vijay was working in the said kiln, whereas her brother namely Jatinder was sleeping in the room. Prosecutrix along with said Sumtiya her sister-in-law were sitting in the above said quarter. Accused Naresh Kumar happened to pass in front of her said room. Then her sister-in-law(Bhabhi) Sumtiya called him and asked if he can procure some Coriander for them as they want to prepare a sauce (Chatni). In response thereof, accused told her that a farmer has sown Coriander in the nearby fields and he also advised her to send the complainant with him, who in turn will make her to collect some Coriander leaves there from. Thereafter, her sister-in-law (Bhabhi) Sumtiya sent her with the accused. After going three/four fields away from the kiln, accused made her to lie in wheat crop forcibly. Thereafter, he opened the sting of her trouser and then he raped her against her wishes. The victim raise hue and cry and also tried to rescue herself from the clutches of the accused, but she could not succeed and none come to rescue her as nobody heard her shrieks. The accused after fulfilling his lust for sex, fled away from the spot, whereas prosecutrix went back to her home. All her clothes got spoiled and also got smeared with blood. She disclosed entire occurrence to her brother Jatinder and his wife Sumtiya. Her sister-in-law made her to change her clothes and inadvertently she also washed away the clothes which got stained with blood and earth at the time of alleged occurrence. Thereafter, her brother rang up his parents residing at a far off place. Till then they have been waiting for them as they hardly knew how to proceed with the matter.

(3.) It is further alleged that on the day of occurrence her parents came from the native village and matter was reported to the local police station. Prosecutrix was medically examined and swabs taken from the private parts of the prosecutrix were sealed by the doctor and same were then sent to the office of chemical examiner, Patiala. Thereafter accused Naresh Kumar was arrested on 13.04.2007 and he was subjected to medical examination on 14.04.2007 so as to ascertain his capacity of having sex. The doctor opined that the accused is fit for having sexual intercourse.