DALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal is directed against the judgment of conviction and order of sentence dated 14.11.2011, passed by the Additional Sessions Judge, Ludhiana, whereby, under Sections 366 and 376 of the Indian Penal Code (hereinafter referred to as IPC) the appellant/accused was sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 5000/ - or in default of payment of fine to further undergo RI for three months for the offence under Section 366 IPC. He has also been sentenced to undergo rigorous imprisonment for 07 years and to pay a fine of Rs. 5000/ - or in default of payment of fine to further undergo RI for three months for the offence under Section 376 IPC. However, both the sentences had been ordered to run concurrently. The case of the prosecution as per judgment of the trial Court is as under: - - On 11.05.2010 S.I. Mittar along with other police officials was present in the area of Subhash Gate, Jagraon in connection of patrolling and nakabandi where prosecutrix got recorded her statement to him to the effect that she was studying in 9th class in Adarsh Kanya School, Lopon Shah Chowk, Jagraon. On 10.05.2010, at about 7.45 A.M., she was going to the school in the school dress. When she reached in Lopon Shah Chowk, then her maternal uncle Daljit Singh son of Waryam Singh (appellant) was standing there on motorcycle Platina red colour. He called her and threatened her and forcibly took her with him on motorcycle. On the way when they were going on motorcycle, he was threatening her. He took her in Government Quarter in Canal Colony, Zira. They reached there at 10.00 A.M. In the quarter, no one was present and her maternal uncle Daljit Singh laid her on the bed and forcibly removed her clothes and committed rape twice against her consent and despite her resistance. She raised raula but none came there in order to save her. On that day at about 12.15 A.M., her father Sarwan Kumar and paternal uncle Arwan Kumar reached on Government quarter of her Massar while making search for her. On seeing them, Daljit Singh escaped from there after jumping over the wall. She narrated regarding the incident to her father and her uncle. They brought her at Jagraon. At Jagraon, she narrated the story to her mother Suman Rani and paternal Aunt Prabha Devi. Her statement was recorded, which was signed by her. As offence under Sections 366A, 376 IPC was made out, as such ruqa was sent through H.C. Gurjant Singh to police station on the basis of which present FIR was recorded. Investigation was conducted by S.I. Hari Mittal. After reaching at Chowk Lopon Shah, spot was inspected. Rough site plan was prepared. Clothes, which prosecutrix was wearing at the time of going to school i.e. one shirt, one trouser and one under wear were produced by Suman Rani. Parcel was prepared sealed with seal bearing impression 'HM' Sample seal was separately prepared. Parcel was taken into possession. On 12.05.2010, accused was arrested. Bed sheet was recovered. Parcel was prepared and sealed with seal bearing impression 'HM' Motorcycle make Bajaj Platina was taken into police possession. On 12.05.2010, H.C. Manjinder Singh got the complainant medically examined and produced one container containing one swab and one letter before S.I. Hari Mittar, which were taken into police possession. Accused was got medically examined. Statements of witnesses were recorded. Swab was sent for examination to the laboratory. Report was received as per which spermatozoa was detected. After the conclusion of investigation, challan against accused was presented in the Court.

(2.) ON commitment, the accused was charged under Sections 366A, 376 IPC, to which the accused/appellant pleaded not guilty and claimed trial. In support of the case of prosecution, it examined P.W. -1 prosecutrix; P.W. -2 Dr. Radha Goyal; P.W. -3 Sarwan Kumar; P.W. -4 Janak Sharma; P.W. -5 Manohar Lal; P.W. -6 Dr. Kishan Singh; P.W. -7 SI Hari Mittar; P.W. -8 Tarsem Lal; P.W. -9 HC Manjinder Singh; P.W. -10 Constable Narinderpal Singh, P.W. -11 Veena Kumari and P.W. -12 Shankar Singh.

(3.) P .W. -1 Prosecutrix supported the whole story that on 10.05.2010 at about 7.30/7.45 A.M. she was going to school and when reached near Lopon Shah Chowk, Jagraon, accused/appellant, who is her uncle, met her and forcibly took her on motorcycle and committed rape upon her against her wish.