RAM JI LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been filed against the judgment and order dated 6.6.2005 passed by Sessions Judge, Amritsar whereby the appellant was convicted under Section 376 IPC and sentenced to undergo RI for ten years and to pay a fine of Rs. 2,000/-. In default of payment of fine, the appellant was directed to undergo further RI for a period of one year.

(2.) ON the night of 3.4.2004, the prosecutrix along with her mother and younger brother Anil went to sleep in one of the rooms of her house situated in Village Gallowali Kullian while her other younger brother Shanker and paternal uncle Amin Chand were sleeping in the other room. The father of the prosecutrix was away to village Naushehra where he had been working at a brick kiln. On 4.4.2004, at about 2.30 A.M. her brother, who was sleeping in the other room had some pain in his abdomen upon which her mother went there. After some time the accused came to her room where she was lying on one cot and while her brother Anil on another cot. The accused forcibly removed her salwar and committed sexual intercourse with her without her consent. An alarm was raised by her which attracted her mother to her room. The accused ran away from the spot. During day time, efforts were made by Sarpanch of the village for compromise but the same did not materialize. On 5.4.2004, the prosecutrix while accompanied by her father proceeded to the Police Station for lodging a report. On the way they came across Inspector Jagjit Singh on Dadupura Road in the limits of Majitha. He recorded her statement Ex.PA about occurrence upon which he made an endorsement Ex.PA/1 and sent the same to Police Station. Accordingly, FIR No. 70 dated 5.4.2004 was registered at Police Station Majitha at 10.15 A.M. under Section 376 IPC.

(3.) AFTER perusing the documents sent along with the police report and relied upon by the prosecution and hearing the Public Prosecutor for the State and the accused, the trial Court found sufficient grounds for presuming that the accused committed an offence under Section 376 IPC. He was, accordingly, charged to which he pleaded not guilty and claimed trial. At the trial of the case, the prosecution examined the prosecutrix as PW1 and her mother Sheela Devi as PW2. Inspector Jagjit Singh PW3, SI Kuldip Singh PW4, Constable Ranjodh Singh PW7 and Constable Joginder Singh PW9 deposed about the investigation part of the case. Dr. Poonam Ohri PW5 deposed about the ossification test conducted on the person of the prosecutrix as per which her age appeared to be between 17 to 19 years. Dr. Jaswinder PW6 stated about the medical examination of the prosecutrix. On the basis of the same, she opined that there was nothing to suggest that the prosecutrix could not have been subjected to sexual intercourse, Dr. Sudesh Kumar PW10 had medically examined the accused and found him capable of doing sexual intercourse. Rishi Ram, Draftsman was examined as PW8, who proved the scaled site plan of the place of occurrence.