SWAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appeal is directed against the conviction and sentence imposed by the learned AddI. Sessions Judge, Ropar in Sessions Case No. 2/6/1-86, on the accused-appellants.

(2.) The accused-appellants were prosecuted for an offence under Section 376 read with Section 34 of the Indian Penal Code. According to the case of the prosecution, on September 24, 1985, Lachhmi wife of Dalbara Singh, was coming from village Hussainpura of village Bhakumajra alongwith her husband on a bi-cycle. They reached in the area of village Kalampur at about 4 P.M. It was raining at that time. Then both husband and wife took shelter in the cycle repair shop belonging to Accused No.1. Thereafter, Accused No. 1 took Dalbara Singh, husband of Lachhmi to a liquor shop where the co-accused were taking liquor. The accused offered drinks to Dalbara Singh against his wishes, due to which he became unconscious. Thereafter, Accused No. 1 took the prosecutrix on his bi-cycle towards Chamkaur Sahib on the pretext that he would leave her at Bhakumajra. Then he took her to the Jhund forcibly where the other accused were also present. Then accused No. 1 opened the string of her Salwar and committed rape upon her against her wishes. Thereafter, the other accused i.e. Accused Nos. 2 & 3 also committed rape on her against her wishes. When she tried to raise alarm, the accused gagged her mouth with a piece of cloth. After that Accused No.1 took her towards village Bhakumajra on the bi-cycle but she fell down from the cycle and became un-conscious. In the meantime, her grand-father, elder brother of her husband and her mother-in-law came there and took her to Civil Hospital, Chamkaur Sahib where she was admitted. Police also came to the Hospital and recorded the statement of the prosecutrix on the basis of which the case was registered in F.I.R. No. 160, dated September 25, 1985 and investigation taken up. After completion of the investigation, a charge-sheet was filed against all the accused. As the offence is exclusively triable by the Court of Session, the case was committed to the Session Court. The learned AddI. Sessions Judge framed charges against the accused for the offence under Section 376 IPC to which all the accused pleaded not guilty. In order to prove the guilt of the accused, the prosecution, examined nine witnesses and marked certain documents. After closure of the prosecution evidence, the accused examined were examined under Section 313 Cr. P.C. In defence, the accused only one witness. On a consideration of the material on record, the learned AddI. Sessions Judge convicted the accused for the offence under Section 376 IPC and sentenced them to undergo rigorous imprisonment for a period of five years and to pay fine of Rs. 1,000/- each.

(3.) Aggrieved by the same, the accused preferred the above appeal. According to the case of the prosecution, on September 24, 1985, when PW 1 was coming on bi-cycle with her husband, PW 5 from her fathers house to the house of her in-laws, on the way, there was rain. Therefore, they stalled the bi-cycle at the cycle repair shop belonging to Accused No.1 to take shelter. Thereafter, accused No.1 offered drinks to her husband and after taking liquor, her husband became unconscious and thereafter, accused No.1 took her towards Chamkaur Sahib in Jhund where all the accused committed rape upon her and after committing rape, accused No.1 took her on bi-cycle towards village Bhakumajra but she fell down from the bi-cycle and became unconscious. PW 1 is the prosecutrix. PW 1 deposed to these facts. PW 8 is the doctor who examined the prosecutrix on September 24, 1985 at about 7.40 P.M. He found the following injuries on her person: