MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) YET another case of child rape. Malkiat Singh the appellant is aged about 32/33 years (as per charge-sheet). He was booked in a case bearing FIR No. 25 dated 8.6.1995 under Section 376 IPC registered at police station Hajipur (District Hoshiarpur) for allegedly committing rape on 7.6.1995 upon the daughter of Ram Singh (PW-5) aged about 5 years in village Bela Sariana. He now stands convicted for the said charge vide impugned judgment of learned Sessions Judge, Hoshiarpur dated 7.8.1996 and has been awarded life imprisonment with a fine of Rs. 1,000/-, in default thereof to further undergo RI for six months. Challenging the impugned judgment of conviction and sentence he is before us in this appeal.

(2.) AS per the observations made in a very latest judgment rendered by Hon'ble the Apex Court in State of Karnataka v. Puttaraja, 2004(1) RCR(Crl.) 113, the name of the prosecutrix is not being indicated by us. She is therefore described as 'victim'.

(3.) SHO Jaswant Singh PW-10 immediately sent the victim for medical examination to the Civil Hospital, Hajipur along with Sunder Lal ASI (not examined) where she was initially examined by Dr. Darshan Singh PW-7. It needs to be mentioned here that prior to the examination of the victim by the concerned doctors of Civil Hospital, one Dr. Darshan Singh PW-7 Medical Practitioner of village Handwal had already examined her at 9.30 P.M. and observed that she was unconscious and was bleeding from her private part. Her father Ram Singh PW-5 was with her at that time. After giving some medical aid, she was advised to be taken to the hospital for treatment. Dr. Kamaljit Kaur PW-2 then examined her on 8.6.1996 and prepared her Medico Legal Report Ex. PA. She also gave her opinion Ex. PD after receipt of the report from the Chemical Examiner Ex. PC to the effect that rape had been committed upon her.