BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this judgment, I shall dispose of Criminal Appeal No.980-SB-2002, filed by Balwinder Singh son of Mukhtar Singh son of Harnam Singh, resident of Pandori, Police Station Ghuman, Tehsil Batala against the judgment and order dated 10.5.2002, passed by the learned Additional Sessions Judge, Gurdaspur, vide which accused-appellant was convicted under Sections 376 and 506 Penal Code and sentenced to undergo rigorous imprisonment for ten years and fine of 2000.00, in default of payment of fine, to undergo further imprisonment for one year under Sec. 376(1) Penal Code. He was further sentenced to undergo rigorous imprisonment for one year and fine of 1000.00, in default of payment of fine, to undergo further rigorous imprisonment for three months under Sec. 506 Penal Code. The substantive sentences of imprisonment were directed to run concurrently.

(2.) The allegations against the appellant, who was aged about 30 years at the time of commission of crime, are that he raped the prosecutrix, who was aged 14-15 years, on 22.8.1999 at about 9.00 p.m., in the uninhabited house of prosecutrix. The facts of the case as extracted from the complaint (Ex.PD) made by the prosecutrix are as under:

(3.) The prosecutrix was a student of 10th class and studying in Senior Secondary School, Village Ghuman. On 22.8.1999 at about 9.00 p.m., she had gone from her old house to her new house, in which they had not shifted their residence, for the purpose of locking the same. Prosecutrix had locked just one room, when the accused pounced upon her from her back, took her to another room and threw her on double bed. When the prosecutrix wanted to raise an alarm, the accused gagged her mouth with the help of his hand and threatened her that she will be killed. The prosecutrix got frightened and did not raise alarm. Thereafter the accused after taking off the Salwar of the prosecutrix and his clothes, committed rape with the prosecutrix against her will. In the meanwhile, Manjit Kaur, mother of the prosecutrix came there and called the prosecutrix by name, on which the accused, after putting on his underwear and Pyjama (trouser), ran away threatening the prosecutrix and her mother that if they disclosed this fact to anybody, then they along with Narinder Singh (father of the prosecutrix) would be killed. The prosecutrix thereafter, accompanied by her mother, came to her home. Father of the prosecutrix is a driver by profession. He was not at home. Out of fear, the prosecutrix and her mother did not talk to anybody. On 28.8.1999, father of the prosecutrix returned from his job. He was apprised about the occurrence. Thereafter, when the prosecutrix accompanied by her father and mother were going to police station, they met the police party headed by SI/ SHO Karamjit Singh near culvert of village Pandori, where the statement of the prosecutrix was reduced into writing. It was alleged by the mother of prosecutrix that at an earlier point of time, accused used to run a Karyana Shop in their village. Formal FIR (Ex.PD/2) was registered. The prosecutrix was got medico-legally examined. Site plan (Ex.PG) of the place of occurrence was prepared.