DAVINDER SINGH AND ORS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed by appellants against the judgment and order dated 24.4.2003 passed by Shri M.S.Randhawa, Additional Sessions Judge, (Adhoc), Fast Track Court, Amritsar vide which the accused/appellant-Davinder Singh alias Ballu convicted under Sections 452, 376 and 506 of the Indian Penal Code (in short the IPC) whereas other accused were convicted under Section 506 of the IPC only and sentenced as under :- <FRM>JUDGEMENT_730_LAWS(P&H)2_2013_1.html</FRM>

(2.) The story of the prosecution in brief is that on 15.3.2000 complainant along with his wife Darshan Kaur and his daughter-in-law had gone to Mata Kaulan Hospital at Amritsar in order to get medicine. His daughter-prosecutrix aged 171/2 (at the time of occurrence) was alone in the house and was doing her household work. At about 2.00p.m. accused Davinder Singh alias Ballu, who was residing in the adjoining street came inside the house. He threatened the prosecutrix with a knife that if she would raise raula, she would be killed and directed her to go inside the room. Out of fear, his daughter went inside the room and the accused committed rape with the prosecutrix against her will and without her consent. Suddenly, his son Pargat Singh, who had gone in search of work came back home because he could not find any work on that day. At that time prosecutrix was raising hue and cry and was crying for help. On seeing Pargat Singh accused Devinder Singh alias Ballu ran away from the house. When he came back home in the evening, then the entire occurrence was told to him by his daughter while weeping. Out of shame and in order to avoid humiliation, he went to police station Sultanwind and reported that a quarrel had taken place with the accused. The respectable of the village got the matter compromised and conditions were imposed upon accused Davinder Singh alias Ballu and accused Davinder Singh alias Ballu did not comply with the conditions. Due to this the complainant sent the prosecutrix to the house of maternal uncle of village Nangli Naushera, Police Station Sadar, Amritsar so that she could be married with some person. Accused Davinder Singh alias Ballu followed his daughter and went to village Nangli Naushera 3-4 times. At that time accused was also having two other boys with him whose names were not known to him but this entire occurrence was reported to him by his brother-in-law Satnam Singh. They ultimately after consulted with their family members reported the matter to the police. On the basis of the information investigation commenced. The accused were arrested. During investigation medico-legal examination of the prosecutrix was got conducted. After completion of necessary investigations, challan against the accused was presented for trial of the accused.

(3.) On appearance of the accused, copies of documents were supplied to the accused free of costs. Since offence under Section 376 of the IPC was alleged against the accused, therefore, the Illaqua Magistrate committed the case to the Court of Session for trial.