SUKHMANI SINGH ALIAS TOCHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The genesis of factual matrix lies in spectre of alleged love between appellant and prosecutrix (name withheld) which ended up in registration of an FIR under Sections 363, 366 and 376 of the Indian Penal Code (in short 'IPC'), at Police Station City Mansa. The appellant was tried by learned Additional Sessions Judge, Mansa for the aforesaid offences and ultimately trial ended in conviction and sentence of the appellant vide judgment of conviction and order of sentence dated 28.03.2005 for committing the offences of kidnapping and rape. Rape is universally considered as moral and physical reprehensible crimes in the society. It is an assault on the body, mind, privacy and entire fabric of the prosecutrix. Rape is a crime of violence and violation of privacy. It is often said that a woman who is raped, undergoes two crisis i.e. the rape and the subsequent trial. Rape is in fact such an unpleasant outrageous, nasty/disagreeable offence that the psychological trauma through which the victim has to undergo cannot be measured by any means. Vulnerable and feeble victim of rape is humiliated and her dignity is shredded by the society. The societal stigma attached to the crime is such that many a time, a crime would go unreported by the victim in order to escape the repercussions, a rape victim will be subject to by the society. Instant case is also one of such cases wherein appellant has been convicted and sentenced as under: <FRM>JUDGEMENT_385_LAWS(P&H)8_2014_1.html</FRM>

(2.) The factual position on which the prosecution version is founded commenced with the passing of information by Sat Pal, (PW 8) brother of prosecutrix, vide complaint (Ex.PL). He reported the police that his sister-prosecutrix had gone missing during the intervening night of 28-29/07.2002. Sat Pal(PW 8) along with his family members commenced to search for the prosecutrix, but to no avail. During the course of aforesaid search, appellant-accused was also found missing from his residence. In the complaint (Ex.PL), the needle of suspicion was pointed at the appellant-Sukhmani Singh alias Tochi. On the basis of complaint (Ex.PL), formal FIR (Ex.PL/2) was registered under Sections 363 and 366 'IPC'. Investigation was set into motion. During the investigation, ASI Buta Singh, investigating officer (PW 10) received a ruqa (Ex.PH) from Civil Hospital, Mansa to the effect that accused was admitted there as a case of poisoning. After obtaining the opinion of the doctor concerned, statement of appellant was recorded on the basis of which a case under Section 309 'IPC' was registered against him. On 07.08.2002, Vijay Kumar produced the prosecutrix (PW 5) before the investigating officer.

(3.) The statement of prosecutrix (PW 5) was got recorded under Section 164 of the Code of Criminal Procedure before PW 11 Mrs. Gurdarshan Kaur, Judicial Magistrate Ist Class, Mansa on 04.09.2002. Dr. Monika Singla (PW 1) medico-legally examined the prosecutrix. On the basis of statement of prosecutrix (PW 5) and medico-legal report, Section 376 'IPC' was added. On 08.08.2002, the appellant-accused was arrested.