KULDEEP SINGH@BANSI LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is directed against the judgement and order dated 31.01.2012 passed by learned Additional Sessions Judge (Fast Track Court), Bhatinda vide which the appellant herein (Kuldeep Singh@Bansi Lal) has been convicted and sentenced to undergo rigourous imprisonment for a period of 7 years and to pay fine of Rs.2,500/- and in default of payment of fine, to further undergo rigorous imprisonment for 2 months for the offence punishable under Section 376 of the Indian Penal Code (in short the Code).

(2.) Unfolding the prosecution case, on 01/10/2009, SI Gurcharan Singh was present at Ghaniaya Chowk in connection with patrolling where Sunita Giri wife of Ram Lal came present and got recorded her statement that she alongwith her family is living at Sita Ram Aggarwal petrol pump and her husband is a auto rickshaw driver. They are having 4 children of which eldest daughter is named Nikita, younger to her is Lucky, then son Gurmeet and youngest daughter is Bhagya Shri @ Sonam aged 12 years (the prosecutrix) and is a student of 7th Standard studying in Government Girls School, Mall Road, Bhatinda. On 27/09/2009 at 1:30 PM, the prosecutrix told her that she was going to her friend Sushila and would come back at about 6 PM but when she did not return back home as told, they all started searching for her and came to know that the prosecutrix has been enticed away on the pretext of marriage by Manoj son of Jai Narian R/o Malout Mandi, who was working at Sita Ram petrol pump. On the said statement, Investigating Officer inspected the spot, prepared its rough site plan and registered formal FIR (Ex.PX). On 28/10/2009, the complainant- Sunita Giri got recorded her supplementary statement with HC Gurbachan Singh to the effect that Manoj Kumar has kidnapped her daughter (prosecutrix) in connivance with his father Jai Narian, whereupon DDR No. 23 dated 28/10/2009 for the offence punishable under section 120-B IPC was added in the FIR and on 29/10/2009, Jai Narian was arrested. On 07/11/2009, Manoj Kumar was arrested and statement of the prosecutrix under section 161 Cr.P.C. was also recorded by ASI Mukhtiar Singh on the basis of which DDR No. 9 dated 07/11/2009 for the offence punishable under section 376 IPC was lodged against the accused Manoj Kumar, Kuldeep Singh@Bansi Lal (appellant), Guddu and Bablu sons of Bare Lal. Consequent upon the registration of case for the offence punishable under section 376 IPC, the prosecutrix was medico-legally got examined in civil hospital, Bhatinda to ascertain the factum of rape having been committed upon her and also her statement under Section 164 Cr.P.C. was got recorded before JMIC, Bhatinda on 07.11.2009 and thereafter Kuldeep Singh accused-appellant was arrested on 08.11.2009. Likewise, accused were also got medico-legally examined with regard to their capability to perform sexual intercourse. On 14/11/2009, on a supplementary statement made by the prosecutrix, Jai Narian father of Manoj Kumar was found innocent as having played no role in enticement of the prosecutrix by his son Manoj Kumar. Parcels of vaginal swabs were sent for forensic examination on 16/11/2009. Accused Bablu and Guddu were arrested on 21/11/2009 and were got medically examined.

(3.) The prosecutrix in her statement recorded under section 161 Cr.P.C. has stated that on 16/03/2006, while she was bringing milk from her house, accused Manoj Kumar stopped her in the street and expressed his desire to marry her. On the fateful day, by inducing and alluring her to accompany him, took her to a vacant room at railway line area in Bhatinda and forcibly committed rape upon her without her consent under threat. Thereafter she was taken to Delhi by him and was kept there for about 20/25 days. There also she was subjected to rape by him. Thereafter she was brought to Amritsar and kept at Gurdwara Sahib (Golden temple, Amritsar) for about 7/8 days under threat. On having become cash-strapped, accused returned back to Bhatinda but continued to keep the prosecutrix alongwith him. Statement of the witnesses were recorded and on completion of the investigation, all the afore-mentioned accused were challaned by SHO of Police Station Thermal, Bhatinda and was accordingly presented before Ilaqa Magistrate. On 14/01/2010, the Ilaqa Magistrate, finding the case to be triable by the Court of Sessions Judge, committed the same to the Court of Sessions Judge at Bhatinda.