KAMALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) VIDE judgment and order dated 9.11.1993, learned Additional Sessions Judge, Amritsat convicted and sentenced the appellant as under :

(2.) THE incident in question was alleged to have taken place on 1.11.1992 at about 10.00 AM, when the prosecutrix, a married lady and aged 28/29 years, went with her ten years' old daughter to the house of appellant in Nehru Gali, Tarn Taran. The appellant was working as a doctor (dispenser) in Government Dispensary. The daughter of the prosecutrix had been suffering from skin disease and for that the prosecutrix along with her daughter and her husband had been going to his clinic. However, the accused said that he would test the blood of the mother of the girl before giving any treatment to the girl, but he would conduct the blood test in a room of his residential house. Consequently, the prosecutrix and her daughter went to the appellant at his residence. He sent the daughter outside the room and said that he would check the prosecutrix. He asked her to remove her salwar for checking purposes. When told by the prosecutrix that she would not remove the salwar, he threatened her that if she did not do so, he would kill her by giving an injection. The appellant then removed her salwar and committed rape. She raised an alarm. Her daughter sitting outside started weeping. In the meantime, her husband came and pushed open the door. However, the appellant managed to run away through the said door. The prosecutrix along with her daughter and husband proceeded towards the Police Station. They came across SI Balbir Singh, who recorded her statement Ex.PG on the same day at 12.30 PM, on the basis of which formal F.I.R Ex.PG/1 was recorded in Police Station City, Tarn Taran on 1.11.1992 at 1245 PM.

(3.) ON 27.2.1993, learned Additional Sessions Judge, Amritsar framed charges against the appellant for the aforementioned offences, to which the accused pleaded not guilty and claimed trial.