BHARAT KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant faced trial of the charge under Section 376 of the Indian Penal Code (IPC) for committing rape on his step daughter (prosecutrix). The circumstances of the case would suggest that the police did not show sensitivity in recording FIR for such a sensational incident. The Investigating Agency in fact swung into action on receiving information from the hospital, after the girl was medico -legally examined under the orders of learned Judicial Magistrate Ist Class, Amritsar.

(2.) PW -2 Dr. Jaswinder Kaur was a member of the Medical Board constituted by Senior Medical Officer (SMO), Amritsar, for conducting medico -legal examination of the prosecutrix. Ex. PB/2 is the application dated 04.01.2007 made to the Judicial Magistrate Ist Class, Amritsar, stating therein that an application was filed by mother of prosecutrix to DIG, Border Range, Amritsar, which was marked to Senior Superintendent of Police, Amritsar who in turn referred it to the SHO, Police Station 'B' Division, Amritsar but no action was being taken thereon. It was stated that the appellant who is step father of the prosecutrix committed rape on her on 23.12.2006 and also a number of times before that. The learned Magistrate, before whom the application was filed, passed an order on 06.01.2007, directing issuance of medicolegal report under the Rules. On the said application being presented before the Civil Surgeon, Amritsar, the order Ex. PB/3 was passed directing the Senior Medical Officer (SMO), Amritsar to constitute a Board of Doctors.

(3.) EX . PD the statement of the prosecutrix was recorded by Sub -Inspector Jagdish Chander (PW -6) of Police Station 'B' Division, Amritsar on 10.01.2007. PW -6 stated that the contents of Ex. PD were read over and explained to the prosecutrix and she put her signatures on the same admitting the same as correct. The girl was accompanied by her mother when she met the police party on the Sultanwind Road where her statement was recorded. Ex. PD/2 is the formal FIR recorded on the statement Ex. PD. The Investigating Officer also visited the spot and prepared the rough site plan Ex. PE. The appellant was arrested on 11.01.2007.