SATINDER SINGH BHINDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 28.01.2003, passed by the learned Addl. Sessions Judge (Adhoc), Fast Track Court, Hoshiarpur, whereby, he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 1000/- under Section 363/34 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month and further convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 1000/- under Section 366-A/34 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month. He was further convicted and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1000/- under Section 376 read with Section 114 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month. The appellant was also convicted and sentenced to undergo rigorous imprisonment for a period of six months under Section 342/34 IPC and to undergo rigorous imprisonment for a period of one year under Section 506/34 IPC. All the sentences were ordered to run concurrently. However, during the trial when the case was fixed for order, co-accused Sukhdev Singh absconded and later on he was declared proclaimed offender.

(2.) The brief facts of the prosecution case are that the case was registered on the statement of prosecutrix, who has alleged that she had appeared in the engineering entrance test for taking admission in the Engineering College and was to be interviewed on 17.07.1998 at Jalandhar and the date was changed to 07.08.1998. Parminder Singh son of her uncle Manohar Singh runs a shop of electrical goods and Sukhdev Singh (PO) was known to him, who claims himself to be an influential person. Parminder Singh had talked to Sukhdev Singh that he should help prosecutrix to get admission. Sukhdev Singh and Satinder Singh came to their house and roll number and other particulars were given to these persons, who told prosecutrix that her work would be got done. Again, a telephonic message was received on 02.08.1998 from Sukhdev Singh that she should bring her certificate at Gagan Hardware shop at Tanda at about 6.30 P.M. Mother of the prosecutrix namely Satnam Kaur and brother namely Gurpreet Singh went to the house of Satinder Singh, where certificates of prosecutrix were handed over to the accused. On 04.08.1998, Gurpreet Singh went to the house of Sukhdev Singh and he asked Gurpreet Singh to reach at the hardware shop at about 8.00 A.M. Gurpreet Singh reached there and both the accused took him to Jalandhar and after roaming there for sometime they brought him back to Tanda. Gurpreet Singh told prosecutrix that accused had told him that he should come on 05.08.1998 along with prosecutrix. So, on 05.08.1998, prosecutrix along with Gurpreet Singh reached hardware shop of Satinder Singh at Tanda at about 12.30 P.M. from where accused and prosecutrix along with her brother went to Jalandhar on two scooters. Prosecutrix was pillion rider on the scooter of Sukhdev Singh whereas Gurpreet Singh was pillion rider on the scooter of Satinder Singh. They reached Technical University and met Registrar, who told them that there will be no interview as a writ petition has been filed. They got free at about 4.30 P.M. and then accused took them to Jalandhar and they continued roaming in the City. The prosecutrix and her brother told accused that they should leave them at the house of their cousin Baljit Kaur, who used to reside in Milap Chowk, Jalandhar but accused Sukhdev Singh told them that he has to talk to some minister. At about 9.00 P.M. they took prosecutrix and her brother to a hotel situated near Devi Talab Mandir, Jalandhar and got a room booked there. They took their meal in the hotel and at about 11.00 P.M. Sukhdev Singh brought a bottle of cold drink and he gave one glass each to prosecutrix and her brother. Prosecutrix and her brother slept on one cot and both accused slept on other cot. At about 3.00 A.M. both the accused got up and accused Satinder Singh held Gurpreet Singh in his grip and accused Sukhdev Singh held the prosecutrix in his grip and removed her salwar and both the accused threatened prosecutrix and her brother that in case they raise noise they would be done to death. Then Sukhdev Singh committed rape on the prosecutrix without her consent and both accused continued threatening them and in the morning of 06.08.1998, both the accused went away from the hotel. Prosecutrix and her brother returned to the village in a bus and told about the occurrence to their mother. Satnam Kaur informed her husband's brother and the matter was reported to the police on 08.08.1998. After recording the statement of the prosecutrix, ruqa was sent to the police station, on the basis of which FIR was registered. Prosecutrix was medico-legally examined. Statements of witnesses were recorded. After necessary investigation, challan was presented against the accused-appellant.

(3.) On presentation of challan against accused-appellant and co-accused, copies of challan and other documents were supplied to them under Section 207 Cr.P.C. Finding prima facie case, the accused-appellant and co-accused were charge-sheeted under Sections 363, 366-A, 376 read with 114 IPC, 342 and 506 read with Section 34 IPC, to which they pleaded not guilty and claimed trial.