ROHIT DHIR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 19.1.2010 and the order of sentence of even date, whereby he has been sentenced to undergo RI for 8 years under Section 376 IPC as also to pay fine of Rs.5,000/-, in default whereof to undergo further RI for a period of six months. He has been further sentenced to undergo RI for one year for an offence under Section 506 IPC as also to pay a fine of Rs.1,000/- and on his failure to do so, to undergo further RI for two months. However, both the sentences have been ordered to run concurrently.

(2.) The criminal law was set in motion on the statement Ex.PC got recorded by the prosecutrix and Ex.PG recorded under Section 164 Cr.P.C. She stated to the effect that she was a student of 10+1; her parents were employed in Education Department whereas her elder brother was studying at Ludhiana and putting up there. Prior to her matriculation examination, she used to take tuition daily in the evening at about 5 p.m. by passing through Mehatpur Adda where the shop of the accused was located. The accused used to follow her; stop her forcibly and compelled her to have friendship with him. He even extended threats. On the fateful day of 21.7.2007 at about 9.30 a.m. when she was alone, the accused made his forceful entry into her house, took out a knife from his pocket of pants and threatened her. After bolting the door of the room from inside, gave knife blows on the right and left arms and ravished her. On 24.8.2007, the accused ravished her again in the same manner after entering her house. On 31.8.2007 when she had gone to the book shop to bring a note book, the accused met her and caught hold of her from her arm and asked her to accompany him to his shop. She became nervous and tense and upon return to her house, narrated the entire incident to her parents. On her statement Ex.PC recorded by ASI Joginder Singh, formal FIR was registered as Ex.PC/2. After preparing site plan Ex.PD of the house of the prosecutrix, she was produced before the SDJM, Nakodar where her statement under Section 164 cr.P.C. was recorded. In the course of investigation, the police took into possession the school certificate of the prosecutrix. The accused was formally arrested and at his instance knife was got recovered vide memo Ex.PO. The accused was got medically examined from Civil Hospital, Nakodar. On receipt of report Ex.PB of the chemical examiner, on completion of investigation and other necessary formalities, challan was prepared and presented before the learned Illaqa Magistrate. After completion of investigation, the accused was charge sheeted for an offence under Sections 376, 506 IPC.

(3.) In order to establish its case, the prosecution examined as many as five witnesses and thereafter closed its evidence.