PINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been directed against judgment and order dated 20/22.05.2003 passed by the Additional Sessions Judge, Barnala whereby the accused -appellant has been convicted and sentenced for commission of offence punishable under Sections 366 and 376 of the Indian Penal Code (for brevity "IPC") extracted hereinbelow: - <FRM>JUDGEMENT_480_LAWS(P&H)3_20141.htm</FRM>

(2.) MOHINDER Singh, father of the prosecutrix (name kept secret) resident of Maur Nabha, made a statement that on 10.07.2002, in absence of the complainant, Amarjit Kaur his wife and Jita Singh his son, their daughter went missing from the house and they came to know about the same when they came back to the house at about 8 PM. A frantic search was made in the house of their relatives but she was not found. On 12.07.2002 Gulab Singh and Soma Singh residents of Maur Nabha told Mohinder Singh and his wife that on that day, they had gone to Barnala in connection with domestic work and were waiting for a bus to come back to the village when the prosecutrix and Pinder Singh were found standing at the counter of Sangrur in the bus stand. When they made an enquiry as to why they were roaming around, they boarded the bus for Sangrur. The statement suffered by Mohinder Singh in the presence of Gulab Singh led to registration of formal FIR Ex.PE/2.

(3.) THE search for the accused from 13.07.2002 to 21.07.2002 remained unsuccessful. On 22.07.2002, SI Paramjit Singh along with a policy party was present on the bridge of canal in the area of Baloka when accused Pinder Singh along with the prosecutrix was seen coming from the side of village Sandhu Kalan through unmetalled path. After making due inquiry, Pinder Singh was arrested in the case. The statement of the prosecutrix under Section 161 of the Code was recorded. She stated that about 12/13 days before, when she was alone in her house at village Maur Nabha, at about 5 PM, Pinder Singh living in their neighbourhood came to their house and told her that her mother was ill and had been taken to Civil Hospital, Tapa. She was taken along with by Pinder Singh and they started for Tapa. Pinder Singh, on the pretext of searching her mother, roamed around with her. When her mother was not found at Tapa, he said that she might have been taken to Barnala. She being a simpleton young girl accompanied her to Barnala and then as per instructions of Pinder Singh, they boarded the train for Delhi and alighted there. At Delhi, he (Pinder Singh) committed sexual intercourse with her continuously for a number of days, under threat. She was brought to Bhadaur as money with Pinder Singh had finished. She was threatened that she should not narrate the incident to anybody and for that reason she remained quite. On the statement of the prosecutrix, offence under Section 376 IPC was added.