TARSEM LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT Tarsem Lal has filed this appeal being aggrieved by the judgment of conviction and order of sentence dated 27.01.2003 passed by learned Addl. Sessions Judge, Hoshiarpur, whereby he was convicted under Sections 363 & 376 IPC and sentenced to undergo rigorous imprisonment for a period of 7 years under both the counts and to pay a fine of Rs. 1,000/ - and in default to further undergo rigorous imprisonment for a period of six months. Both the sentences were ordered to run concurrently.

(2.) BRIEFLY , the facts of the case are that Sarabjit Kaur, prosecutrix, daughter of Sh. Avtar Singh, was 15 years of age and was residing in a rented house of Chanu Ram, resident of village Pawal along with her parents. She was studying in Govt. High School at village Meghowal Ganjian and had taken examination of middle standard. On 4.5.2001 at about 8 p.m., the co -accused of the appellant Bhajan Kaur came to the house of the prosecutrix and took Sarabjit Kaur to her house on the pretext of answering the call of nature. When she took the prosecutrix to her house, accused Tarsem Lal was present there. He is alleged to have enticed away the prosecutrix in conspiracy with Bhajan Kaur and took her to Bhangi Chow Hoshiarpur on his bicycle. The accused remained with the prosecutrix at Bhangi Chow Hoshiarpur on the night of 4.5.2001 and on the next morning, accused Tarsem Lal took her to Mata Chintpurni in a bus, where he hired a room. On 5.5.2001 accused Tarsem Lal committed rape upon prosecutrix Sarabjit Kaur forcibly. He threatened her that in case she raises a hue and cry then he would kill the prosecutrix. Out of fear Sarabjit Kaur remained silent. Next day on 6.5.2001 at about 4 a.m. accused again committed rape upon Sarabjit Kaur forcibly. Thereafter on the same day he brought the prosecutrix to Hoshiarpur and made her to board a tempo and went away. While going, the accused again threatened the prosecutrix that in case she disclosed the matter to anyone then he would kill her and her family members. Sarabjit Kaur returned to her village on 6.5.2001 at about 6 p.m. and remained for the night in the room built in the memory of Puran Chand. On the next day Sarabjit Kaur reached her house in the evening and disclosed the matter to her mother as well as her father. On the basis of the statement made by Sarabjit Kaur before ASI Ravinder Kumar, Incharge, Police Post Nasrala, on 7.5.2001 at about 8.40 p.m., the present FIR was registered against the accused Tarsem Lal as well as Bhajan Kaur. The prosecutrix was medically examined by Dr. Paraminder Kaur Sethi on 8.5.2001. Accused Tarsem Lal was also medically examined by Dr. Jagdish Singh Saini on 10.5.2001 and he was found fit to perform sexual intercourse.

(3.) INVESTIGATION was carried out and during investigation the school leaving certificate Ex. PG was taken into possession. The case was committed for trial and before the trial Court the prosecution examined PW -1 Sarabjit Kaur, PW -2 Ajit Kaur, PW -3 Dr. Jagdish Singh Saini, PW -4 C -Sukhram Singh, PW -5 Ram Singh, Draftsman, PW -6 Dr. Parminder Kaur Sethi, PW -7 HC Tarsem Singh, PW -8 Sh. M.P. Dhiman, Head Master, Government High School, Meghowal Ganjian, PW -9 ASI Rajvinder Kumar and PW -10 C Rachhpal Singh. When examined under Section 313 Cr.P.C., the accused Tarsem Lal stated that Sarabjit Kaur was in love with him and it was she who compelled him for elopement. He further admitted that both of them had sex at Chintpurni. It was further stated that Bhajan Kaur was not a party to the elopement and she has been falsely implicated. It was further stated that the prosecutrix was more than 18 years of age.