HEM RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant Hem Raj has been convicted for the offences punishable under Sections 376/506 IPC by the learned Additional Sessions Judge, SAS Nagar, Mohali vide judgment dated 06.09.2012. By a separate order dated 08.09.2012, the appellant has been sentenced to undergo rigorous imprisonment for ten years, besides, pay a fine of Rs. 3,000/- and in default thereof, undergo further rigorous imprisonment for two months for the offence punishable under Section 376 IPC. He has been sentenced to undergo imprisonment for one year for the offence punishable under Section 506 IPC. Both the sentences are ordered to run concurrently. Aggrieved therefrom, present appeal has been preferred.

(2.) Brief facts of the case are that, the prosecutrix/complainant suffered a statement (Ex.PA) on 14.05.2011 before ASI Harpal Singh (PW4), Police Station Balongi stating that she was working as a domestic help at House No.129, Phase 4, Mohali. She had gone back to her parental home in Azad Nagar, Balongi on 18.03.2011 after seeking leave for three days on account of festival of Holi. It is stated that the complainant's mother alongwith both her brothers had gone to the market for making some purchases in regard to Holi festival. The complainant was alone at her house. She had bolted the door from inside. At about 6.00 p.m., someone knocked at the door of the house. She opened the door and discovered that it was her father i.e., the appellant. He came inside and bolted the door. It is stated that that the appellant threw her on the bed and committed rape upon her. Thereafter, he threatened and intimidated her that in case she disclosed anything about this incident, he would kill her. The complainant stated that she out of fear did not disclose this incident to anyone. Her father committed rape upon her subsequently on two or three occasions as well. The complainant further reveals that she disclosed about the said incident to her employer Naveen Soni and Alka Soni on 14.05.2011. Her employer and his wife consequently took her to the police station when ASI Harpal Singh met them at the Tax Barrier, Balongi and her statement was recorded on 14.05.2011 itself. Legal action against the appellant was prayed for.

(3.) Fir No.37 dated 14.05.2011 (Ex.PW4/B) was registered on the basis of the statement of the complainant. Investigation was carried out by PW4 ASI Harpal Singh. PW4 ASI Harpal Singh accompanied the complainant and her employers to the scene of the crime. Rough site plan (Ex.PW4/C) was prepared. An application (Ex.PW4/D) was moved for conducting the medicolegal examination of the complainant before the Civil Hospital, Kharar. Medical examination was conducted. A copy of the MLR (Ex.PW6/A) alongwith vaginal swabs were handed over to PW4 ASI Harpal Singh. The sealed parcel was deposited by him with the MHC. They were not tampered with. Urine test of the complainant/prosecutrix was conducted. Ultrasound and x-ray examination could not be conducted due to low voltage of electricity. Thereafter on 17.05.2011, ultrasound was conducted at Civil Hospital, Kharar. It transpired that the complainant was carrying a dead foetus of gestation period of nine weeks and two days in her womb. It was advised that abortion was to be conducted otherwise life of the complainant would be in danger. The procedure was carried out on 17.05.2011 by PW7 Dr. Sonia Gulati. Parcel containing the dead foetus and sealed envelope were handed over to PW4 ASI Harpal Singh. It was taken in possession vide memo Ex.PW4/M.