GURMIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE accused convict has directed this appeal against the judgment and order dated 11.1.2010 passed by Sh. S.K. Sachdeva, Additional Sessions Judge (Fast Track Court), Bathinda vide which the accused has been convicted under Sections 376, 452 and 506 IPC and sentenced to undergo imprisonment and fine as under: - Offence Sentence Fine In default

(2.) THE period of detention already undergone by the accused during investigation and trial was ordered to be set off against the substantive sentence.

(3.) SHORN of unnecessary details, the statement of victim was recorded who has stated that she was resident of village Gobindpura and was student of 7th class. She had two sisters and one brother and all were studying in Government School, Gobindpura. On 6.12.2008 all the members of her family went out for their work. She along with her younger sister was alone at the house and both were studying in the last room of their house. The outer door, which opens in the street, was closed. At about 2.30 PM, her neighbour Gurmit Singh accused entered in the room by climbing over the wall and bolted the door from inside. He picked up the axe and threatened that in case prosecutrix raised noise she would be killed. Gurmit Singh pushed the victim to bed and forcibly removed her salvar and underwear and forcibly committed rape upon her. Sister of the victim out of fear hid herself under the cot. In the meantime, grand mother of victim, namely, Chand Kaur came there and she witnessed the occurrence through window and raised noise. The accused opened the door and pushed grand mother of victim and ran away from the spot.