SUKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sukhwinder Singh was convicted by the Additional Sessions Judge, Patiala in Case F.I.R. No. 75 dated 24-6-1990 of Police Station, Saddar Nabha under Sections 363, 366 and 376 of the Indian Penal Code and was sentenced to undergo Rigorous Imprisonment on various counts. In the final analysis, he was sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 600/- vide order dated 6-8-1994.

(2.) The prosecution case in brief is that on 16-6-1990 at about 12.00 Noon, Gurmit Kaur (Prosecutrix) and her sister Balwinder Kaur were washing clothes at the motor in their fields situated in the revenue estate of village Sauja. Sukhwinder Singh accused alongwith Gurmeet Chand Goggi sb Dev Raj of village Sauja came there. They asked her as to where her father was. She replied that he had gone to Nabha for purchasing Jawar. Sukhwinder Singh accused gave a slap on her cheek and forced her to sit on his cycle. She raised hue and cry. Sukhwinder Singh showed her knife threatening her that in case she raised any hue and cry, she would be done to death. She was made to sit on the handle of the cycle which was pedalled by Sukhwinder Singh, Gurmeet Chand Goggi was left there. While cycle was pedalled by Sukhwinder Singh, she was taken to the sugarcane field of village Sauja. Jaswinder Kaur sister of Sukhwinder Singh was found standing there. She also gave her fist blows. She gave her slaps and pushed her towards the sugarcane field. Sukhwinder Singh took her inside the sugarcane field and opened the string of her salwar and raped her. She tried to raise hue and cry, but he threatened to kill her.

(3.) After sometime, Sukhwinder Singh took her outside the sugarcane field. His sister Jaswinder Kaur was still standing there. When they came out, Sukhwinder Singhs sister left the place on foot. Sukhwinder Singh then took Gurmit Kaur to Patiala on that very cycle. On the force of threat, he took her from Patiala to Sanaur on cycle to some electric motor in the fields. On the roof of Kotha, he committed rape upon her. She was kept by Sukhwinder Singh on the roof of that kotha during the night. On the following day, Sukhwinder Singh brought her to Patiala on cycle. He parked that cycle at bus-stand cycle-stand and took, her to Kaithal by bus. At bus-stand, Kaithal, she was seated in a bus to Rajaund. At busadda Rajaund he told her that he would be coming shortly after taking water. He did not return for quite some time. While she was sitting there and weeping, she told two persons who happened to reach there that she wanted to go to village Khirkni to her maternal grand-father. One of them was a rickshaw puller. They took her to village Khirkni on rickshaw. They dropped her at the house of her maternal grand-father at village Khirkni. She told the entire episode to her maternal grandfather Ranjodh Singh who brought her to village Kahlemajra. She lodged F.I.R.st information report at Police Station, Saddar Nabha on 24-6-1990 disclosing offences falling within the ambit of sections 363, 366, 376, 506 and 34 of the Indian Penal Code. She was medically examined by Dr. Surinder Kumari, Medical Officer, Civil Hospital, Nabha on 24-9-1990. She found that there was no external mark of injury on her body. She found no injury on the external genitalia. No fresh injury was found on her hymen. She was used to intercourse. She took three swabs from the posterior vaginal fornix. Sealed swabs were sent to the Chemical Examiner. Doctor N.K. Singla, Radiologist Civil Hospital. Nabha performed ossification test for the determination of her (Gurmit KaurTs) bony age. Exts. PBI 1 to 8 are the X-ray films. In his opinion, bony age of Gurmit Kaur by radiological examination was more than 14-1/2 years, but less than 16 years. Dr. Harbans Singh. C.M.O. Civil Hospital. Nabha medically examined Sukhwinder Singh with a view to ascertain his capacity for sexual intercourse and he found that there was nothing to suggest that he was not capable of performing sexual intercourse. After investigation, Sukhwinder Singh was challaned. Gurmeet Chand alias Goggi and Jaswinder Kaur sister of Sukhwinder Singh were not challaned. They were shown in column No. 2 of the challan.