SAT PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against the conviction under Section 376 of the Indian Penal Code and sentence of 5 years' rigorous imprisonment besides fine of Rs. 1,000/- each and in default of suffer further rigorous imprisonment for three months, ordered by the learned Additional Sessions Judge, Sangrur, vide his judgment dated 30.3.1995. The two appellants, Sat Pal and Pala were tried in Court of Shri D.S. Chatha, the then Additional Sessions Judge, Sangrur in Sessions Case No. 55/30-7-1992, Sessions Trial No. 26/3.2.1993, on the charges punishable under Section 376 IPC and Section 506, read with Section 34 IPC.

(2.) CASE of the prosecution unfolded at the trial is as under:

(3.) SMT . Pritam Kaur returned to her village. Her husband, Bant Singh, was not present at the house. Bant Singh returned home after about 2-3 days when she narrated the incident of rape to him. Bant Singh informed about this incident to his brother, Roop Singh and then she was taken to the civil hospital, Sunam, where she was got medically examined from Dr. Saveeta Bansal. The medical examination of Smt. Pritam Kaur was conducted by Dr. Saveeta Bansal at the village hospital at Sunam on 19.12.1991 at about 3.30 p.m. She was escorted by Roop Singh, elder brother of her husband, Bant Singh. On external examination, the medical officer did not find any injury mark visible on face, breasts, abdomen, thighs or external genitals. On her vaginal examination, the uterus was found fixed and of normal size. The vagina was found roomy and admitted two fingers. No bleeding was present and no injury mark was seen. Vaginal swab was taken alongwith the salwar, brought by Pritam Kaur, which she was allegedly wearing at the time of commission of rape. These items were duly sealed and sent to the police for further action. Smt. Pritam Kaur told the medical officer Dr. Seaveeta Bansal that she had been raped on 15.12.1991, which happened to be Sunday. Medical examination report was duly sent to the police.