SANJIV KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BOTH the abovementioned appeals are directed against the judgment of conviction dated 15.11.1988 and order of sentence of even date passed by the Additional Sessions Judge, Patiala whereby four accused namely, Sanjiv Kumar, Bharat Bhushan, Shashi Khanna and Sharda were sent up for trial for the commission of offence under Section 366 read with Section 34 IPC and Sanjiv, accused also for the offence under Section 376 IPC. The trial Court after taking into consideration the evidence and facts on record acquitted all the accused of the charge under Section 366 read with Section 34 IPC and convicted accused-Sanjiv Kumar under Section 376 IPC and sentenced him to rigorous imprisonment for 3-1/2 years and a fine of Rs. 3000/-, in default of payment of fine to further undergo rigorous imprisonment for 1-1/2 years. The State has filed the appeal against the acquittal of all the accused while Sanjiv Kumar, appellant has challenged his conviction and sentence, as mentioned above.

(2.) THE names of the prosecutrix and her family members are not being mentioned herein in order to protect the reputation of the victim and her family.

(3.) THE prosecution in order to prove its case produced Dr. Renu Aggarwal as PW-1, who examined the prosecutrix on 26.8.1987 at 2.30 P.M. She took vaginal discharge from the person of the prosecutrix in two tests tubes and one swab stick at the time of examination of the prosecutrix and made these into sealed packet No. 1. She had also prepared two slides, each having vaginal smear and made then into sealed packet No. 2. She handed over these sealed packets with one copy of the M.L.R. to S.I. Lal Chand who deposited the packets with Virsa Singh, PW-6 who was then posted as M.H.C. at Police Station Kotwali, Patiala. PW-6 Virsa Singh sent these parcels through Constable Jagmohan Singh, PW-7 to the office of the Chemical Examiner. The affidavits of these witnesses are Exs. PG and PH, respectively. Report of the Chemical Examiner is Ex. P-8 which is to the effect that though no spermatozoa were found in one of the swab of the vaginal discharge but the other swab and the slides showed presence of semen. PW-1 Dr. Renu Aggarwal gave her opinion vide report Ex. PA that prosecutrix had been subjected to rape. The prosecutrix appeared as PW-2 and her father as PW-5. Dr. O.P. Aggarwal appeared as PW-3, who examined the accused Sanjiv Kumar and vide his report Ex. PD opined that there was no abnormality which could debar the accused from performing sexual intercourse. Kamaljit Kaur, Clerk from the office of Local Registrar Deaths and Births appeared as PW-4 and produced birth certificate Ex. PE of the prosecutirx, according to which a girl was born to Uttam Singh son of Gian Singh, resident of Purana Barood Khana, Patiala on 13.8.1972. Though name of child does not find mention, but her father's name and address are mentioned. SI-Lal Chand, Investigating Officer (PW-8) had met PW-5 father of the prosecutrix on 21.8.1987 near the bus stand, Patiala and recorded his statement, Exhibit PF on the basis of which FIR, Ex. PF/2 was registered.