PAPPU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PAPU appellant has by way of this appeal, challenged his conviction and sentence of three years R.I. and fine Rs. 1000/- in default R.I. for six months under section 376 I.P.C. by the learned Additional Session Judge, Amritsar vide his order dated 9.3.1984. Co-accused of the appellant namely Bhalla could not be tried along as he absconded and was declared proclaimed offender.

(2.) SHINDER Kaur prosecutrix PW 5 was married to one Sammi of Tarn Taran, about one and a quarter years before the present occurrence. However, at the time of the occurrence she had gone to her parents at Amritsar. On 4.7.1983 at about 3.30 P.M. she went to answer the call of nature in the public latrines in B block near the railway quarters. The appellant and his co-accused were earlier known to the prosecutrix. The appellant and his co-accused at the point of knife committed rape upon the prosecutrix. The matter could not be reported on the day of the occurrence since there was a talk of a compromise between the parents of the prosecutrix and the parents of the appellant. However, the first information report, on the basis of the statement of the prosecutrix was recorded at the Police Station, D-Division, Amritsar on 5-7-1983 at 2.55 P.M. The FIR is Exhibit PF/2. The prosecutrix was medically examined by Dr. Pushpa Goyal PW-1 on 6.7.1983 at 3.30 P.M. Following is the report of her medical examination:-

(3.) THE prosecution, apart from Dr. Pushpa Goyal PW 1 and Dr. Manjit Singh Bal PW-2, examined Shri Iqbal Singh, Junior Statistical No. sologist PW-3. He proved the birth entry Exhibit PG. PW4 Shri Rishi Ram Draftsman prepared the site plan Exhibit PE. Shinder Kaur prosecutrix PW 5 gave the eye-witness account of the occurrence. Motia PW-6 reached the spot immediately after the occurrence and saw the appellant and his co-accused running from the place of occurrence. PW 7 Bimla, mother of prosecutrix was informed of the occurrence by the prosecutrix herself. She further stated that the age of prosecutrix was about 14 years at the time of the occurrence PW-8 Charan Singh H.C. recorded the statement of the prosecutrix which is Exhibit PF. He also got the prosecutrix medically examined and took into possession the clothes of the prosecutrix which are Exhibits P-1 to P-3. He also took into possession the birth certificate Exhibit PG produced by Garib Dass father of the porsecutrix. PW-9 Amrik Singh SI recorded the FIR Exhibit PF/2. He partly investigated the case. S.I. Gurdial Singh PW-10 also partly investigated the case and recorded the statements of some of the witnesses. After tendering in evidence the report of Chemical Examiner, Ex. P.B. the prosecution closed its evidence.