AMRIK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 09.04.2010 rendered by learned Additional Sessions Judge, Taran Taran, whereby appellant-accused Amrik Singh was held guilty for offence punishable under Section 376 of Indian Penal Code (for short 'IPC') but acquitted for the offence under Section 506 IPC by giving him benefit of doubt. Vide order of sentence of even date, he was sentenced to undergo rigorous imprisonment for a period of 8 years and to pay a fine of Rs. 2,000/-. In default of payment of fine, to further undergo RI for 2 months.

(2.) Briefly, prosecution case is like this; that on 23.10.2006, at 4:00 P.M., at Khalra, statement of prosecutrix was recorded to the effect that she is 15/16 years old and has 3 brothers. Her mother had died about 14/15 years ago. Eldest brother namely Tarsem Singh is married and is residing separately. Complainant and her father Amrik Singh reside in the same house. The other brothers of the complainant namely Jaimal Singh and Sonu are daily wage workers. They did not return to the house in the evening. As per complainant, during intervening night of 22/23-10-2006, at about 12:30 A.M., she was sleeping on a cot in the courtyard of her house. Her father Amrik Singh was sleeping in the room and was heavily drunk. In a drunken condition, he got up and came to the cot of complainant. At that time electric bulb was on. Father of the complainant tied the dupatta on her mouth and broke the string of her salwar forcibly and put his penis in her vagina without her consent. She cried out. Her father after committing rape, had run away. Thereafter, the complainant removed dupatta from her mouth, raised alarm, which attracted Resham Singh and Kanso.

(3.) Complainant told the entire story to them. Resham Singh and Kanso searched for accused-Amrik Singh but could not trace him. Complainant along with Resham Singh and Kanso had gone to the police for lodging the report, whereupon, FIR of this case was registered. Supplementary statement of complainant was recorded on 24.10.2006. By way of supplementary statement, she stated that her father was having a datar and gave a threat to kill her with the help of datar and then to throw her body into the canal. Under these circumstances, offence under Section 506 IPC was added. Statement of prosecutrix under Section 164 Cr.P.C. was also got recorded. After completion of investigations and on receipt of report of Chemical Examiner, and after arrest of the accused, the challan was put up before the Court.