RAJ KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant was convicted in FIR No.17 dated 18.02.2011 registered at Police Station Bhogpur, Jalandhar for raping a deaf & dumb girl. The Fast Track Court, Jalandhar convicted the appellant and sentenced him to undergo rigorous imprisonment for a period of 10 years along with fine of Rs.25,000/ - for commission of offence under Section 376 IPC. In default of payment of fine he was to further undergo rigorous imprisonment for another year. The unfortunate incident took place on 16.02.2011. The mother had gone to purchase goods in the market. The husband a fruit vendor left home in the morning. The prosecutrix was alone at home. The parents returned home around 3:00 PM and found the appellant quickly wearing his trouser and rushing out of their house. When the parents entered the room they found their daughter lying on the bed weeping. Her salwar was open and she was bleeding. The mother helped the child to wear her clothes. The incident was reported on 18.02.2011 and the medical was done.

(2.) Challan was presented and charge was framed under Section 376 IPC. The accused pleaded not guilty and claimed trial. The prosecution examined both the parents and the victim. The Presiding Officer recorded the statement of the victim after ascertaining as to whether she could understand the gestures and signs and was able to respond. Besides them the prosecution examined the Medical Officer and the police officials.

(3.) In his defence, the accused pleaded his innocence and stated that he has been falsely implicated and examined two witnesses. The trial Court accepted the statement of the prosecutrix and the father and recorded his conviction as mentioned above. I have heard the counsels of both the sides.