SANDIP KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JUDGMENT dated 3.12.1992 passed by learned Sessions Judge, Kapurthala, convicting accused-appellant Sandip Kumar (hereinafter referred to as 'the accused') under Section 376 IPC and sentencing him to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 5,000/-, and in default of payment of fine to further undergo rigorous imprisonment for one year, has been challenged by way of this appeal.

(2.) THE factual matrix of the case is that on 17.11.1990, prosecutrix (name not disclosed), aged about 14 years, was going to have the coaching to the house of Ramesh Mallan and at about 7.30 A.M., when she reached near the house of the accused in Bhandari Mohalla, then the prosecutrix on the call given by the accused went to him. The accused dragged her inside the room and bolted the door from inside. After threatening to kill her by strangulation, she was made to lie on the cot and thereafter he raped her. The shrieks raised by her remained unresponded. After committing rape, the accused ran away. When she came out of the house while weeping, then her father came there per chance to whom she narrated the incident, who took her to the police station and also got her medico-legally examined in Civil Hospital, Kapurthala, as lady doctor in Civil Hospital, Sultanpur Lodhi was not available. On the basis of the statement made by the prosecutrix, the accused was booked in case FIR No. 194 dated 17.11.1990, which was investigated into by the police. Ultimately, he was challaned in the case.

(3.) IN order to seek conviction of the accused, the prosecution examined Dr. Barinder Gill (PW-1), Prosecutrix (PW-2), Gurcharan Singh, father of the prosecutrix (PW-3), Ramesh Chander Tara (PW-4), Dr. Ram Parkash (PW-5), P.R. Suman, Principal (PW-6) and SI Naginder Singh (PW-7). After giving up Dr. R.P. Bholla and tendering into evidence affidavits of MHC Sukhbir Singh and Constable Raj Kumar Ex. PH and Ex. PJ respectively, the prosecution closed its evidence.