MANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment of conviction dated 19.11.2003 and order of sentence dated 21.11.2003, passed by Shri Sham Sunder, Additional Sessions Judge, Kapurthala, vide which the present appellant was acquitted under Section 376 read with Section 511 of the Indian Penal Code, but was convicted under Sections 452 and 354 of the Indian Penal Code and sentence to undergo imprisonment and fine as under: - <FRM>JUDGEMENT_607_LAWS(P&H)2_20151.htm</FRM>

(2.) HOWEVER , both the sentences were ordered to run currently. Briefly stated, prosecutrix aged about 14 years (name withheld), was present in her residential house, constructed in the fields, in the area of village Mirzapur. On 15.06.2001, father of the prosecutrix had gone to Village -Singha, Police Station Lambra, District Jalandhar, on account of the death of his near relation. His son Pardeep Singh, on account of vacations, had gone to his maternal uncle house at Village -Dadwindi, P.S. Sultanpur Lodhi. On 23.06.2001, at 3.00 p.m., father of prosecutrix came back and his wife Satwant Kaur told him that on 15.06.2001, on account of illness, she had gone to Nadala, to bring medicine, leaving the prosecutrix in the house. She further told him that on 15.06.2001 at 1.30 p.m., when she came at her residence at Village -Mirzapur, she heard the voice "save save" of prosecutrix from the drawing room of the house and on hearing the voice of prosecutrix, Satwant Kaur saw inside the drawing room through the door and found that Manjit Singh -accused/appellant was attempting to commit rape with the prosecutrix. Satwant Kaur raised noise and Manjit Singh ran away. Satwant Kaur did not disclose the fact on account of absence of Lakhwinder Singh -complainant. It is further alleged that Manjit Singh got admitted himself after getting fabricated injuries. Lakhwinder Singh narrated the occurrence to the police, on the basis of which, FIR in question was recorded. Accused was arrested.

(3.) AFTER completion of investigation, challan was presented. On presentation of challan, copies of same were supplied to the accused free of costs, as envisaged under Section 207 Cr.P.C. Thereafter, charge under Sections 452 and 376 read with 511 of the Indian Penal Code was framed against the accused, to which the accused pleaded not guilty and claimed trial.