DONA ALIAS RISHI KAPUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DONA alias Rishi Kapur, a boy aged 15/16 years has been convicted by Sh. S.S. Tiwana, Additional Sessions Judge, Patiala, for an offence punishable under Section 376 of the Indian Penal Code on October, 1985 and he was given the benefit of the East Punjab Children Act 1949 and sent to a certified School for a period of two years or till he attained the age of majority. Aggrieved against this finding of guilt, the present appeal has been attempted.

(2.) BRIEFLY , the story of the proseuction is that on April 4, 1985, at about 10 a.m., Sonu a girl aged 5 years was enticed away by Dona alias Rishi Kapur their adjoining neighborer on the pretext that she would be given some eatables and thereafter the accused committed sexual intercourse with Sonu who raised shrieks which were heard by her mother Smt. Krishna Devi, who immediately rushed to the place of occurrence and her self saw the accused committing rape on her daughter and the accused suceeded in making good his escape. The mother proceeded to the shop known as Bhatia Cloth House where, her, husband Manohar lal had been working as a tailor for the last : several years. However, the husband was not available there and after waiting and describing the occurrence to the proprietor of the shop, she proceeded to Police Station, Sirhind and on the way Sh. Hari Parkash ASI met her and recorded her statement which took the shape of First Information Report and it reached Sirhind Police Station at 4.45 p.m.

(3.) THE relevant lines of the statement of PW1 Dr. Gurpreet Kaur, are as under :