HARPAL SINGH @ BABA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY a common judgment, this Court intends to dispose of the aforementioned two appeals filed by each of the appellants as they have challenged the judgment and order dated 20.10.2010 passed by the Additional Sessions Judge, Patiala.

(2.) THE prosecution case, in nutshell, is that complainant Raghbir Gupta, father of the prosecutrix, appeared before ASI Gurdev Singh on 6.5.2007 and reported that the prosecutrix was a student of third standard. On 27.4.2007 when the prosecutrix was returning home from the school, Pal Kaur appellant took her to the house of Pirthi situated at Bhawanigarh Chowk, Samana, where Harpal Singh appellant was all alone. Pal Kaur left the prosecutrix in the room with Harpal Singh, who subjected her to rape. Harpal Singh threatened her that if she disclosed about the incident to anyone she would be killed. On 2.5.2007, Pal Kaur again took the prosecutrix to the room of Harpal Singh. Pal Kaur locked the prosecutrix and the appellant in the room by bolting the same from outside. Harpal Singh again raped the prosecutrix.

(3.) FURTHER case of the prosecution is that as the statement made by complainant revealed commission of cognizable offences, ASI Gurdev Singh sent the statement of the complainant to the Police Station where formal FIR under Sections 376 and 120 -B IPC was registered against the two appellants. During the investigation of the case, the prosecutrix was subjected to medico -legal examination. The Investigating Officer visited the spot and prepared rough site plan, besides getting prepared scaled site plan. The appellants were arrested on 7.5.2007. Harpal Singh appellant was got medically examined.