GEORGE MASIH ALIAS BULLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GEORGE Masih alias Billa aged 16/17 years stands convicted under Section 376 read with 511 and 452 Indian Penal Code. Sentence awarded under Section 376 read with Section 511 Indian Penal Code is two years and a fine of Rs. 200/-. In default of payment of fine two months rigorous imprisonment and under Section 452 Indian Penal Code to undergo one year rigorous imprisonment. The sentences of course were ordered to run concurrently.

(2.) BRIEFLY stated the prosecution case is that the appellant George Masih is living close to the house of the prosecutrix namely Chinndo in village Quthi Nangal. It is alleged that at about noon on 26th August, 1980, the appellant went to house of the prosecutrix where she and her younger brother Jit PW alone were there, as their parents had gone to some other village. It is further alleged that on some pretext accused sent Jit the brother of the prosecutrix to bring play cards and after he had left the house, he lifted the prosecutrix and put her on the cot and broke the string of her salwar, and tried to commit rape on her but in the meantime Jit returned and on an alarm being raised by Chhindo and Jit the accused took to his heels. Report was lodged on the same day at 8.40 P.M. by Shri Surta Singh, father of the prosecutrix at police station Sadar Batala, which is at a distance of two miles from the place of occurrence. Chhindo was got medically examined on 27th August, 1980 and the accused was also got examined on 29th August, 1980, on the day of his arrest.

(3.) DOCTOR on examination of the prosecutrix gave her age 14 to 15 years. In cross-examination he stated that there could be variation of two years on either side. No internal or external injury was found on the person of prosecutrix. On internal Examination he found that her vagina could admit two fingers easily. There was no fresh tear of hymen. He further found that prosecutrix was suffering from syphilitic infection.