SARABJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SARBJIT Singh Appellant had been convicted by the Court of Additional Sessions Judge, Ferozepur for offence under Section 376 IPC and was sentenced to 7 years RI and to pay a fine of Rs. 2,000/ -. In default of payment of fine to further undergo RI for six months.

(2.) IN fact, Sarabjit Singh along with his wife Suman alias Soma and two others accused had faced trial for offence under Section 376/34 and 120 -B IPC. The case had been registered on a complaint made by Sukhpal Kaur that about one month earlier, she had joined a dance party of Bholi alias Manjit Kaur. Bholi had solemnised a fake marriage of Sukhpal Kaur with her son Dharminder Singh who used to have sexual intercourse with her against her wishes. Manjit Kaur alias Bholi used to bring some more persons also, who were having sexual intercourse with her i.e. complainant. Then complainant left the dance party due to this harassment and she joined the dance party of Sarabjit Singh Suman. After some days, Suman wife of Sarabjit Singh started harassing the complainant and Appellant Sarabjit Singh had sexual intercourse with Sukhpal Kaur complainant two times with the consent of Suman accused.

(3.) SUKHPAL Kaur complainant had been examined as PW -5 in this case. She had given her age to be 16 years and had supported her case as mentioned in the statement Exhibit P -6 made by her to the police. In cross -examination, she had stated that she did not know for how long she remained with Sarabjit's dance party and cannot tell the date, month or the year when Sarabjit raped her. She stated that she used to go out of the house of Sarabjit Singh to attend functions. She did not talk to anybody about the harassment or rape by Sarabjit Singh. That she used to take bath and meal and was leading a normal life in the house of Sarabjit Singh. She has stated that Sarabjit Singh was already married when she joined his dance party and that Sarabjit Singh was residing in one room as a tenant but she did not know as to who was the landlord of that room.