RAVI KUMAR AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 7.1.2004 and order of sentence dated 8.1.2004 rendered by Sh. O.P. Garg, the then Additional Sessions Judge (Adhoc) Fast Track Court, Patiala, whereby all the three appellants were held guilty and appellant Ravi Kumar was; sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 5,000/ - and in default of payment of fine to further undergo rigorous imprisonment for two years for committing offence punishable under Section 376 IPC; sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 1,000/ - and in default of payment of fine to further undergo rigorous imprisonment for one year for committing offence punishable under Section 328/34 IPC; sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1,000/ - and in default of payment of fine to further undergo rigorous imprisonment for one year for committing offence punishable under Section 363/34 IPC; sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1,000/ - and in default of payment of fine to further undergo rigorous imprisonment for one year for committing offence punishable under Section 366/34 IPC; sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/ - and in default of payment of fine to further undergo rigorous imprisonment for six months for committing offence punishable under Section 342/34 IPC; and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 200/ - and in default of payment of fine to further undergo rigorous imprisonment for one month for committing offence punishable under Section 506/34 IPC. Appellant Jaswinder Singh was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 1,000/ - and in default of payment of fine to further undergo rigorous imprisonment for one year for committing offence punishable under Section 328/34 IPC; sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1,000/ - and in default of payment of fine to further undergo rigorous imprisonment for one year for committing offence punishable under Section 363/34 IPC; sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1,000/ - and in default of payment of fine to further undergo rigorous imprisonment for one year for committing offence punishable under Section 366/34 IPC; sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/ - and in default of payment of fine to further undergo rigorous imprisonment for six months for committing offence punishable under Section 342/34 IPC; and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 200/ - and in default of payment of fine to further undergo rigorous imprisonment for one month for committing offence punishable under Section 506/34 IPC and appellant Kaushalya Devi was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/ - and in default of payment of fine to further undergo rigorous imprisonment for six months for committing offence punishable under Section 342/34 IPC; and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 200/ - and in default of payment of fine to further undergo rigorous imprisonment for one month for committing offence punishable under Section 506/34 IPC.

(2.) BRIEF facts of the case are like this: that the police machinery set into motion on the statement of prosecutrix (name with -held), Ex. PA, which was recorded on 10.4.2003 by ASI Amarjit Singh. As per prosecution story narrated by the prosecutrix, on 6.4.2003 the entire family of the prosecutrix had gone to the field of Nachhtar Singh for harvesting the wheat crop. In the evening, prosecutrix was coming back to her house. At about 7/8.00 p.m. when she was just near the village, she saw Ravi Kumar, appellant and Jaswinder Singh alias Jony already standing outside the village Phirni. They made her smell one handkerchief. She became semi conscious. They also gave a threat to her if she raises alarm, she and her family will be done to death. Out of fear and being semi conscious, she proceeded with them. They took her to the partially demolished house adjoining the residential house of Jaswinder Singh, appellant. She was left there with Ravi Kumar appellant and thereafter Jaswinder Singh left that place. During the whole night, Ravi Kumar, appellant committed forcible rape upon her against her will. In the morning of 7.4.2003, appellant Ravi Kumar also left that place. While going away, he extended threats that if she comes out of the room or raises alarm, she would be killed. Thereafter, Kaushalya Devi, mother of Jaswinder Singh came to her and told that she will get her marriage solemnized with Ravi Kumar, appellant and she should not raise alarm. Kaushalya Devi, appellant remained with her for the whole day and did not allow her to go out. Ravi Kumar, appellant again came to her in the night and committed rape upon her against her will. In the morning of 8.4.2003, Ravi Kumar left her. Thereafter, at about 10/11.00 a.m., her father Jarnail Singh, mother Surjit Kaur and father's elder brother Jarnail Singh, her father's sister's husband Bachitar Singh came there in search of prosecutrix and started enquiring from Kaushalya, mother of Jaswinder Singh, appellant while standing in the court -yard. The prosecutrix recognised their voice and raised alarm to save her. Then, they took her out from the aforesaid partially demolished room. She was not in good health at that time. She was nervous and perplexed. Here parents took her to their house keeping in view the honour of the family. The prosecutrix gave her date of birth in her statement Ex. PA as 8.8.1987 and further that she had passed 9th stand from Govt. High School, Daunkalan in March 2003. The prosecutrix narrated the story to her parents and her relations while weeping. Thereafter, prosecutrix along with her parents lodged report Ex. PA with the police. This report was sent to the police station for registration of the case, whereupon, formal FIR, Ex. PA/2 was recorded. After going to the spot along with the complainant and her parents, ASI Amarjit Singh, Investigating Officer of the case, prepared rough site plan Ex. PH with correct marginal notes and also recorded the statements of the witnesses. The prosecutrix produced her clothes i.e. shirt, salwar, underwear and sameez before ASI Amarjit Singh which were made into parcel and parcel was sealed with seal bearing impression 'AS' and were taken into possession vide recovery memo Ex. PB. The prosecutrix was got medico legally examined on 11.4.2003. The accused were arrested on the same day. On 12.4.2003, appellants Ravi Kumar and Jaswinder Singh were got medico legally examined vide applications Ex. PK and Ex. PL, respectively, through ASI Baldev Raj who produced one sealed parcel sealed with the seals of medical officer which was taken into possession vide memo Ex. PM and was attested by PWs. On return, the case property was deposited with Sudh Singh, MHC of the police station with seals intact. Appellant Kaushalya was arrested on 25.4.2003. On receipt of Chemical Examiner Report, Ex. PN, ASI Amarjit Singh moved an application Ex. PO to the Medical Officer to get his opinion, whereupon, doctor gave his opinion that possibility of occurrence of rape cannot be ruled out. The scaled site plan was got prepared from draftsman. After completion of investigation, challan was presented against the accused for offences punishable under Sections 376, 366, 363, 342, 328, 506, 34 IPC.

(3.) AFTER taking prosecution evidence, statements of accused under Section 313 CrPC were recorded wherein the accused pleaded their innocence and stated that they have been falsely implicated in this case.