SUKHCHAIN SINGH @ CHANNA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in the present appeal is to the judgment of conviction and the order of sentence, dated 18.1.2003, passed by the learned Sessions Judge, Amritsar, whereby the appellant, Sukhchain Singh @ Channa, was held guilty for committing the offence punishable under Sec. 376, IPC, and ordered to undergo rigorous imprisonment for 10 years besides payment of fine of Rs. 1,000.00 and in default thereof to undergo further rigorous imprisonment for six months.

(2.) The brief facts of the case are that on 19.3.2001, when a police party headed by Inspector Balbir Singh (PW9) was on patrolling at village Nijjarpura, then the prosecutrix (PW1)[name withheld], daughter of Joginder Singh, resident of village Wadali Dogran, contacted him and suffered the statement that on 18.3.2001, at about 2:30 p.m., her parents, brother and brothers wife (Bhabhi) had gone out and her younger brother, Manjit Singh, had gone to the fields and she was all alone in the house and performing the household work, then Sukhchain Singh @ Channa (appellant), who was running a shop near her house, entered in her house and bolted the main door from inside and caught hold the arms of the prosecutrix and dragged her inside the room and committed rape on her against her wishes. The bangles of the prosecutrix were broken. On hearing the hue and cry raised by the prosecutrix, her younger brother, Manjit Singh (PW2) and Aunti (Tayee) had entered the courtyard of her house and started making noise, then after dressing up himself, Sukhchain Singh @ Channa (appellant) fled away from the spot. The incident could not be reported to the police on the same day since her parents, brother and brothers wife had gone out of the village. She had disclosed about the incident to her parents, brother and brothers wife when they came back. Inspector Balbir Singh (PW9) after reducing the statement into writing, sent the same to the police station for registration of the case, on the basis of which formal FIR (Ex.PA/2) was recorded by ASI Rajinder Pal. Salwar (Ex.P2) of the prosecutrix was converted into a parcel and taken into police possession vide memo (Ex.PM) by Inspector Balbir Singh (PW9). He also inspected the place of occurrence and prepared a rough site plan (Ex.PN). The pieces of broken bangles were taken into possession vide memo (Ex.PB). The prosecutrix was produced before Dr. Anupam Goel (PW10) for her medico-legal examination. The appellant was arrested on 20.3.2001 and he too was medico-legally examined by Dr. Vikas Gupta (PW8). The Ultrasound examination of the prosecutrix was also got conducted. After completion of the formalities of the investigation, the chargesheet (report under Sec. 173, Cr.P.C.) was presented before the learned Area Judicial Magistrate.

(3.) After supplying the copy of the charge-sheet to the appellant, the case was committed to the Court of Session since the offence punishable under Sec. 376, IPC, was exclusively triable by the said Court. Charge under Sec. 376, IPC, was framed against the appellant to which he pleaded not guilty and claimed trial.