LAL CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT Lal Chand was tried by the court of learned Additional Sessions Judge, Ferozepur, for the offence under Section 376 IPC, for committing rape upon his minor daughter (P.W.2), aged about eight years; and for the offence under Section 323 IPC, for causing simple hurt to his wife Kamla Devi (P.W.3). The trial court, vide its judgment and order dated 13.2.2009 convicted and sentenced the appellant to undergo imprisonment for life under Section 376 IPC. However, he was acquitted of the charge under Section 323 IPC. Complainant Kamla Devi (P.W.3) was married to the appellant, about 15 years prior to 6.5.2007, the day of occurrence. From the marriage, two sons and two daughters were born. The couple used to do the work of agriculture labour. The prosecutrix in this case was their eldest child, and the appellant along with his family was residing with his parents, namely Kalawati (mother) and Kalina Ram (father).

(2.) IT is the case of the prosecution that on 6.5.2007, the complainant and her mother -in -law went to do the agriculture labour work in the fields, leaving her four children in the house. Later on, her father -in -law had also gone out of the house, while leaving the appellant and the children in the house. It is the case of the complainant that in the evening at about 8.00 PM, when she came back to her house, her children were found in a state of shock. On her asking, her elder daughter (prosecutrix) started crying and told that after the complainant had left for the fields, she was taken by her father in the room, where he forcibly committed rape upon her, and bleeding started from her vagina. When she raised hue and cry, her father had gone out of the house. It is the further case of the complainant that when she told these facts to her mother -in -law, but she did not take any action stating that it is a matter between the complainant and her husband. On the next day, on getting information, Vijay Kumar (P.W.7), brother of the complainant came to her house and she narrated the entire incident to him. Later on, said Vijay Kumar took the prosecutrix to the Hospital, where she was medico legally examined on 11.5.2007. It is further the case of the complainant that on 12.5.2007 at about 1.30 PM, she was beaten by her parents -in -law, on account of the fact that she was levelling allegation of rape against her husband and bringing bad name to the family. The complainant was medico legally examined on 12.5.2007.

(3.) AFTER completion of investigation, challan was filed only against the appellant. Even his parents were not joined in the investigation at all, and no challan was filed against them.