MALKIT SINGH @ MEETA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED Malkit Singh @ Meeta who was convicted under Section 376 IPC and sentenced to undergo RI for 10 years and to pay a fine of 5000/ - and in default of payment of fine, to further undergo R.I. for 2 years, has challenged the above judgement of conviction and sentence passed by the trial Court.

(2.) IT is the case of the prosecution that on 19.8.2009, at about 12.00 noon in the area of village Mehma Sawai, accused Malkit Singh @ Meeta committed rape upon the prosecutrix who was a minor, aged about 11 years and thereby, committed an offence punishable under Section 376 IPC.

(3.) PW 4 Dr.Nidhi Gupta and PW13 Dr.Vijay Mittal, having examined the mental status of the prosecutrix, opined that the prosecutrix was afflicted with moderate mental retardation.