JAGTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Jagtar Singh has been convicted under section 376 of the Indian Penal Code and sentenced to 7 years R.I. and to pay a fine of Rs. 5,000/- and in default of payment or fine to further undergo R.I. for 1112 years. He has also been convicted under section 450 of the Indian Penal Code and sentenced to undergo R.I. for three years and both the sentences were ordered to run concurrently by judgment recorded in that behalf by Shri Gian Singh, AddI. Sessions Judge, Gurdaspur, on 24th of January, 1987.

(2.) In brief, the prosecution version was that Kumari Luxmi Devi daughter of Pritam Chand, aged about 14 years was present alone in the house on 8th of August, 1986 at about 10.00 A.M. when the appellant herein came there, forcibly took her in his lap, threw her on the ground, stopped her voice by keeping his hand on her mouth and started doing sexual intercourse against her wish after opening the string of her salwar. In the meanwhile, her father Pritam Chand who had gone out in order to fetch fodder came and on seeing him, the accused ran away though Pritam Chand tried to overpower him. At that time the prosecutrix was weeping and she described the whole incident to him. This incident was reported to the police on the same day at 5.30 P.M. through the statement of the prosecutrix. The formal F.I.R. came to be recorded at 6.05 P.M. on 8th of August, 1986. After resultant trial the appellant was convicted and sentenced in the manner fully indicated above.

(3.) Mr. Tej Pal Singh, learned counsel in support of the appeal preferred by Jagtar Singh has vehemently contended that the prosecutrix was certainly more than 16 years of age as is the finding recorded by the learned trial Judge and, it was a case of consent and no intercourse was committed against her wishes and consent. In support of this contention the learned counsel has referred to the statement of the prosecutrix and the medical evidence.