PARDEEP KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against judgment dated 11.10.1993 of the Court of Additional Sessions Judge, Jalandhar, whereby Pardeep Kumar appellant was convicted for offence under Section 376 IPC and was sentenced to undergo RI for 10 years and to pay fine of Rs. 1,000/-. In default of payment of fine to further undergo RI for one year.

(2.) PROSECUTION case against the appellant was that on 26.1.1992 at about 4.30 PM appellant Pardeep Kumar entered the house of the prosecutrix when she was alone. He enquired about her parents. She told that they had gone to meet some relations. Then appellant bolted the outer gate and started kissing her and then made her to lie on the ground. He committed sexual intercourse with her against her wishes. Appellant also threatened her not to tell this thing to anybody otherwise she would be done to death. Then accused left the house. She had cried and wept. After some time, her mother came and on seeing her condition, she enquired from her about the matter but due to fear and threat she did not disclose anything. On 2.2.2002 she narrated the whole story to her mother on persistent enquiries. Her salwar was also smeared with blood. It was seen by her mother. Then the matter was reported to the police. Case was registered. Medical examination was conducted. Accused was arrested and then sent for trial after investigation. After trial, he was convicted and sentenced as aforesaid.

(3.) FROM the statement of Sunita who appeared as PW-1 it was pointed out that as per her statement, her age must be about 20 years. From the statement of Dr. Surinder Kaur who appeared as PW-2 it was pointed out that there was no mark of injury although vagina admitted two fingers tightly. Hymen was raptured but still doctor opined that it was not fresh reputure of the hymen.