CHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal arises from the judgment of conviction and order of sentence dated 19.11.2003 passed by the Additional Sessions Judge, Fast Track Court, Ferozepur whereby appellant -accused has been convicted under Section 376 of the Indian Penal Code (in short, 'IPC') and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 2,000/ -, in default of payment of fine, to further undergo rigorous imprisonment for six months.

(2.) THE factual matrix of the case is that on 24.07.2002, prosecutrix (name withheld), aged 30 years, resident of village Kotha Thagni, went to the sugarcane fields of Jagsir Singh son of Mukhtiar Singh for taking grass at about 5.00 P.M. alongwith her small children. When she was cutting grass in the fields, appellant came there and caught her from her arms. He dragged her, torn her clothes and laid her on the ground. The appellant committed rape on the person of the prosecutrix against her consent. She raised alarm which attracted her husband's elder brother (Jeth), Chiman Singh, resident of Kotha Thagni to the spot. On seeing him, the appellant ran away from the spot. The prosecutrix along with Chiman Singh returned to her house and disclosed the occurrence to her family members. They waited for arrival of Ex -Sarpanch Darshan Singh, who had gone out of station and, therefore, did not lodge report till 26.07.2002. On 26.07.2002, Darshan Singh arrived. The occurrence was narrated to him by the prosecutrix. When the prosecutrix along with Sarpanch Darshan Singh and her husband Prem Singh were going to lodge the report with the police, ASI Jatinder Pal met them on the link road of Suresh Wala, who recorded her statement. Thereafter, ASI Jatinder Pal sent ruqa to the police station and formal F.I.R. under Section 376 IPC was lodged against the accused. ASI Jatinder Pal took the prosecutrix on 27.07.2002 to Civil Hospital, Fazilka where her medical examination was conducted by Dr. Sarita Kamra. Dr. Sarita Kamra took vaginal swabs from the vagina of the prosecutrix and handed over the same along with letter of request to the police for sending the same to the office of Chemical Examiner, Patiala, who confirmed the presence of semen and spermatozoa. On 26.07.2002, ASI Jatinder Pal visited the place of occurrence and prepared site plan. He also recovered broken bangles and one string of Salwar (trouser) of the prosecutrix from the place of occurrence. Kamij (shirt) and Salwar (trouser) of the prosecutrix were also taken into possession. On 03.08.2002, the prosecutrix was produced before the Sub Divisional Judicial Magistrate, Fazilka and her statement under Section 164 Cr.P.C. was recorded. On 10.08.2002, one Gurdip Singh, Member Panchayat, produced the appellant in the police station. The appellant was medico -legally examined on 12.08.2002. After completion of investigation, challan was presented under Section 376 IPC in the Court of Sub Divisional Judicial Magistrate, Fazilka on 09.11.2002, who vide order dated 04.01.2003, committed the case to the Court of Sessions. Thereafter, the case was entrusted to learned Additional Sessions Judge, Fast Track Court, Ferozepur, who framed charge under Section 376 IPC, to which the appellant did not 'plead guilty' and claimed trial.

(3.) TO prove its case, prosecution examined PW 1 ASI Kundan Singh, PW 2 Mangat Ram, Patwari, PW 3 MHC Brij Lal, PW 4 prosecutrix, PW 5 Chiman Lal, PW 6 Dr. Sarita Kamra, PW 7 Dr. Yash Paul, PW 8 ASI Manjit Singh, PW 9 Constable Shabeg Singh and PW 10 ASI Jatinder Pal Singh. In documentary evidence, the prosecution relied upon Ex. P1 recovery memo vide which vaginal swaps and envelope containing documents were taken into possession, Ex. P2 scale site plan prepared by Mangat Ram Patwari, Ex. P3 affidavit, Ex. P4 statement of prosecutrix recorded by the police, Ex. P5 statement of prosecutrix recorded under Section 164 of the Code of Criminal Procedure (in short, 'Cr.P.C.'), Ex. P6 medico -legal report, Ex. P7/A endorsement made by the doctor, Ex. P8 letter, Ex. P9 report of chemical examiner, Ex. P10 medico -legal report of the appellant, Ex. P11 recovery memo vide which bangles and string were taken into possession, Ex. P12 recovery memo vide which clothes of prosecutrix were taken into possession, Ex. P13 personal search memo, Ex. P14 arrest memo, Ex. P4/A endorsement, Ex. P4/B FIR, Ex. P16 site plan, Ex. P17 application, Ex. P18 application, Ex. P19 application and Ex. P20 information memo.