JASKARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment will dispose of Criminal Appeal No.323 -SB of 1989 filed by Jaskaran Singh accused/appellant and Criminal Revision No.851 -SB of 1989 filed by the complainant for enhancement of sentence. Both these proceedings arise out of the same judgment dated 2.8.1989.

(2.) ACCORDING to the prosecution case, prosecutrix Jasbir Kaur (fictitious name) daughter of Harbans Singh was aged about 12 years. On 22.7.1988, at about 3.30 PM, she was returning from the shop of Chan after purchasing world map from the said shop. When she reached opposite to the house of Jaskaran Singh accused, she was forcibly taken inside his house by the accused. She was subjected to forcible sexual intercourse by him without her consent. The prosecutrix cried for help but none responded. After some time somebody knocked at the door of the house of the accused. On hearing the knock, the accused climbed on the roof through the stairs and ran away. The prosecutrix opened the door after the accused had run away and found her father's brother Swaran Singh. The prosecutrix narrated the entire incident to her uncle. The prosecutrix and her uncle were proceeding towards their house when the mother of the prosecutrix met them on the way. After reaching the house, mother and uncle of prosecutrix went to the house of Sarpanch and they returned after about one hour. Thereafter, the prosecutrix, her mother and her uncle were proceeding towards the Police Station when the police officials met them on the canal bank. The statement of prosecutrix was recorded and the present case was registered.

(3.) AFTER the challan was presented in the learned trial Court, charge under Section 376 IPC was framed against the accused to which he pleaded not guilty and claimed trial.