RAM KISHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 13.11.2003 passed by learned Addl. Sessions Judge, Fast Track Court, Ferozepur, whereby he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 5,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year under Section 376 IPC and he was further convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 500/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months under Section 506 IPC. Both the sentences were ordered to run concurrently.

(2.) The brief facts of the prosecution case are that prosecutrix aged about 12-13 years daughter of deceased Avinash Chander was residing along with her natural mother Neelam and step-father Ram Kishan accused. She was studying in 8th class. After the death of her natural father, she along with her mother started residing in the house of her maternal grand parents in Abohar. About four years earlier to the occurrence, Neelam solemnized kareva marriage with the accused Ram Kishan. The prosecutrix started considering accused as her father. The first wife of accused Ram Kishan had already died and he was having two sons namely Arun and Gagan from the first marriage. They were also residing with Ram Kishan in a rented house along with the prosecutrix and her mother Neelam. 10 days earlier to the Rakhi festival in the month of August 2001, the prosecutrix, her mother Neelam, accused Ram Kishan and his son Arun were present in the house and Gagan was already out of the house. At about 5.00 P.M., accused Ram Kishan sent Arun to bring money from the sweet vendor and sent Neelam to bring vegetable from the bazar. Finding the prosecutrix alone in the house, accused took her inside the room of his house and threw her on the bed and raped her against her wishes.

(3.) The prosecutrix tried to raise alarm but accused threatened her that in case she do so, he would kill her and due to this threat, prosecutrix did not disclose the occurrence to anyone. On observing her condition, Neelam wanted to know the reason from her but due to threat of the accused, she did not disclose anything. When the prosecutrix failed to have menses, then she disclosed the occurrence to her mother Neelam. Then Neelam called her brother Raj Kumar and disclosed him the entire occurrence. Raj Kumar suggested for taking legal action against the accused. On 31.08.2001, prosecutrix along with her mother Neelam and uncle Raj Kumar, got recorded the statement to SI Gurmit Singh. On the basis of the statement of the prosecutrix, ruqa was sent to the police station, on the basis of which FIR was registered. Site plan was prepared. Accused was arrested. After necessary investigation, the challan was presented against accused-appellant.