MANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been directed against judgment dated 03.01.2008, passed by the Additional Sessions Judge (Adhoc), Amritsar, whereby the appellants have been convicted and sentenced for commission of offence punishable under Section 376 of the Indian Penal Code, extracted here -in -below: - <FRM>JUDGEMENT_359_LAWS(P&H)3_20141.htm</FRM>

(2.) THE facts, relevant for disposal of the present appeal, are that on 10.04.2007, the prosecutrix (name kept secret) daughter of Chanan Singh got recorded her statement that she had passed 7th class from Government Elementary School, Sachender in 2007. On 08.04.2007, at about 2.00 p.m., in the mid -night, she was sleeping in her house near her parents. All of a sudden, power supply went off and she went to the roof to check electric wires. On the roof, her mouth was gagged with her duppatta by Manjit Singh and Tarsem Singh. They threatened to kill her family, in case she raised noise. They were carrying sharp weapons in their hands and both of them took her down from roof, where Tarsem Singh forcibly made her to sit on the rod of his cycle while Manjit Singh sat on the carrier. They took her in a room of mill, namely R J Woollen Mills, Ajnala, Amritsar Road. Manjit Singh caught hold her arms and Tarsem Singh alias Laddi raped her without her consent. Then Laddi caught hold her arms and Manjit Singh raped her without her consent. After committing rape, they threatened to kill her and her family members if she disclosed the occurrence to any one and left her. She was going to her house, but on the way her father and Mubarak Singh Sarpanch met her and she disclosed the entire occurrence to them.

(3.) ON the basis of statement of the prosecutrix, formal FIR was registered. Medico legal examination of the prosecution was got conducted. On 11.04.2007, the accused were arrested and cycle was recovered. On completion of investigation, report under section 173 of the Code of Criminal Procedure (in short, 'the Code') was submitted for commencement of trial. The accused were charged for committing offence under Sections 363, 366, 376 IPC, to which they pleaded not guilty and claimed trial.