DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 8.8.2001 of the learned Additional Sessions Judge, Patiala vide which he convicted the appellant under Section 376 I.P.C. and sentenced him to undergo RI for eight years and to pay a fine of Rs.10,000/-, in default of payment of fine, to further undergo RI for one year.

(2.) THE prosecution case is that on 2.6.1999, the prosecutrix who was living with her parents at the brick-kiln of one Sham Lal, had gone to the fields to relieve herself at about 6.30 a.m. and when she was about to relieve herself, Darshan Singh the present appellant who was known to the prosecutrix, came from behind and after overpowering her, dragged her to the ditch and tied her hands behind her back with her Dupatta and raped her against her wish and consent. When she attempted to raise an alarm, her mouth was gagged by the accused with his trousers. But inspite of that, she managed to raise an alarm which attracted her father Nanna Ram and brother Poppi who were making bricks nearby. On seeing them, the appellant ran away towards the fields.

(3.) THE prosecutrix supported the prosecution case as given out by her in the initial version and also identified the accused in Court. The father of the prosecutrix also supported the prosecution case. Dr.Jarnail Singh PW-1 after radio-logical examination, gave out the age of the prosecutrix to be 17-1/2 to 19-1/2 years. Dr.Karan Singh PW-2 examined the accused/appellant and found him capable of performing sexual intercourse. Dr.Alkesh Arora PW-3 found no injury on the person of the prosecutrix and also no injury to her vaginal orifice. During the course of trial, she was recalled for examination and after the report of the Chemical Examiner Ex.PL, PW-3 Dr.Alkesh Arora opined that the prosecutrix had been subjected to sexual intercourse.