LABH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of both the appeal filed by the accused against his conviction/sentence, as well as the petition filed by the prosecutrix against the accused for compensation.

(2.) THE appeal has been filed by the accused/appellant against the judgment/order dated 16.7.2003, vide which he has been convicted under Sections 376/450 of the IPC, and sentenced to undergo RI for ten years and to pay a fine of Rs. 2,000/ - under Section 376 of the IPC, in default of payment of fine to undergo further RI for one month; and to undergo RI for three years and to pay a fine of Rs. 1000/ - under Section 450 of the IPC, in default of payment of fine to undergo further RI for 20 days.

(3.) THE allegations were that on 15.9.2000, when the 26 years old, mother of two, prosecutrix was doing her house -hold chores, at about 10 am she went to the outer house to look after the cattle and when she bent down to change the iron chain of the buffalo, the appellant who lived near her house jumped over the wall, grabbed her from the back, dragged her about 10 to 15 feet inside, threw her on the ground, tore her clothes, and raped her. On her raising alarm, the appellant fled away from the spot. Due to humiliation and shame, she did not inform any body till late evening when her husband came back from the fields whom she informed. The FIR was lodged on the next morning and the appellant was arrested after 5 days. He was sent up for trial and having been convicted/sentenced, he is before this Court. The first argument raised by counsel for the appellant is based on Modi's medical jurisprudence particularly 23rd edition at page 938, which is to the following effect : -