JORA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jora Singh appellant stands convicted and sentenced to three years rigorous imprisonment and a fine of Rs. 100, in default further one months rigorous imprisonment, under Section 366 of the Indian Penal Code and to the same term under Section 376 of the Indian Penal Code by-the learned Additional Sessions Judge, Ferozepore, vide his order dated 2nd November, 1983. The substantive terms of imprisonment have been ordered to run concurrently.

(2.) Swaranjit Kaur prosecutrix P.W. 14 was residing with her father Amar Singh P.W. 3 at village Patti. Amar Singh aforesaid and the appellant used to graze goats together. That is how the appellant was on visiting terms with Amar Singh and the prosecutrix. On 18th March, 1982, at about 4 a.m. the prosecutrix went to bring some water from a hand pump when the appellant forcibly took her along at the point of a kirpan. The appellant took her to Sulhani railway station and then went to Jagraon. From Jagraon the appellant took her to Janerpur where she was kept by the appellant for a month at the tubewell of Surja Singh. During that period the appellant occasionally committed rape on Sawaranjit Kaur. First information report Exhibit P D/2 under Section 366 of the Indian Penal Code was recorded at Police Station, Ghall Khurd, on 17th March, 1982, on the basis of statement Exhibit PD made by Amar Singh father of the prosecutix to SubInspector Gian Singh P.W. 13. From the tubewell of Surja Singh the prosecutrix was taken to village Kaler at the house of Shimbal Singh cousin of the appellant. She was kept there for about a month and there also the appellant committed rape upon her. From village Kaler the prosecutrix was taken by the appellant to village Rauwal. There also she was kept for a month. She was then taken to. a lawyer at Jagraon where the prosecutrix signed an affidavit, Exhibit PT. In the affidavit she swore that she was 22 years of age and was married to the appellant. From Jagraon she was being taken to Naurangsinghwala but on the way she was apprehended by the police at the Dharamkot bus stand and her statement under Section 161 of the Code of Criminal Procedure was recorded.

(3.) The prosecutrix was medically examined by Dr. A. K. Bajaj P.W. 1 on 2Hth July, 1982. at about I p.m. The following is the report of her medical examination: On examination there was no sign of violence on any part of the body. The external genitals were well developed and secondary sexual characteristic were also well developed. On per vagina examination external genitals were normal and the hymen was torn and the tear of the hymen was an old one. Vagina admitted two fingers nicely. Uterus Was R. V. normal size and mobile. Fornices were clear. Two vaginal swabs were taken and sent to the Chemical Examiner. According to the report of the Chemical Examiner, Exhibit P D, semen was found on the swabs.