CHARANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Charanjit Singh son of Baldev Singh faced trial in Session Case No. 19 of 1984 before the Additional Session Judge, Jalandhar, under Section 376 of Indian Penal Code for having committed rape of Amarjit Kaur, a minor girl. After trial the Learned Additional Sessions Judge, convicted accused Charanjit Singh accordingly and sentenced him to undergo rigorous Imprisonment for five years, to pay a fine of Rs. 7,000/- and in default to undergo further Rigorous Imprisonment for one year. The Learned, Additional Session Judge also directed that out of the fine, if recovered, Rs. 3,000/- shall be paid to the prosecutrix-Amarjit Kaur.

(2.) The case of the prosecution is that the father of the prosecutrix Amarjit Kaur had taken on lease the land from Baldev Singh of village Talwara for collecting fodder and Amarjit Kaur used to go to the fields for the purposes of taking the fodder. On the day of occurrence i.e. 8.4.1986 Satya Wati (P.W.9) had also gone to the fields as usual and was cutting grass in the adjoining fields, while the prosecutrix was cutting fodder in the fields of Baldeva. At about 5.30 p.m. the prosecutrix had loaded the fodder on her cycle, accused Charanjit Singh caught hold of the prosecutrix, pushed her on the field and untied the Salwar, which she was wearing. Prosecutrix Amarjit Kaur raised alarm and accused Charanjit Singh gave a bite on her left cheek and then had sexual intercourse with her despite protest and without consent. Satya Wati and Sukhdev Singh were attracted to the scene of occurrence by the alarm raised by Amarjit Kaur, and the accused ran away leaving Amarjit Kaur. The matter was reported by the prosecutrix Amarjit Kaur and Satya Wati to the father of Amarjit Kaur, Kabul Singh a member of Panchayat made attempts to compromise and on failure, Amarjit Kaur was brought to the Civil Hospital, Jalandhar. On 9.4.1986 where she was examined. On her statement a case was registered against the accused.

(3.) Prosecution examined Dr. A.S. Thind (P.W-1) who had examined the accused and was of the opinion that the accused was fit to perform sexual intercourse. Gurmail Singh P.W,2, was examined to prove the date of birth of Amarjit Kaur. Dr. Kulwinder Saini P.W.3, opined, on examination of Amarjit Kaur, that the age was between 14 to 14-1/2 years. The x-ray taken by him were marked as Ex. P1 to Ex. P3 and his report was marked as Ex. PD. Dr. Amarjit Kaur found a contusion 1.2" multiply 1-1/2" with accrued margins and bluish in colour on left cheek of the prosecutrix.