SUKHJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT Bant Singh was tried and convicted alongwith his brother Sukhjit Singh, since dead, for an offence under Section 376 of the Indian Penal Code by Sessions Judge, Ambala, and has been sentenced to 5 years' rigorous imprisonment.

(2.) THE version factually levelled against him was that on 3rd August, 1983 when Debo was in the fields to cut some grass at about sun-set time, she was bodily lifted by the two accused and after being taken in the nearby sugarcane field was raped. According to her, she was made to lie on the ground and string of her salwar was forcibly opened by Sukhjit Singh accused. While Sukhjit Singh committed rape upon her, Bant Singh held her by the arm and placed one hand on her mouth. When the appellant took his turn, Sukhjit Singh kept her pinned down to the ground. As at the time of lifting her she had raised an alarm and even continued to do so while being taken to the sugar-cane field, Baljit Singh (PW10) was attracted to the spot. Sukhjit Singh accused is then said to have picked up a kassi which was lying nearby where she was being raped and gave a blow from its wrong side to Baljit Singh. In the meantime another person, namely, Sant Singh also reached the spot. Seeking him, both the accused ran away. She then returned to her house and narrated the incident to her sister-in-law i.e. brother's wife Mohindro (PW11). Her brother Ram Jas, who works as a labourer, returned to the house late in the evening. Though Mohikndro had narrated the entire occurrence to him at that time but it was on the next morning that he alongwith Mohindro (PW11) and Debo, the prosecutrix, came to Police Officer. A case was registered against the accused on the basis of the statement of Debo vide First Information Report Exhibit PK. As a result of the investigation that followed, both the brothers were sent up for trial.

(3.) BALJIT Singh was medically examined by PW1 Dr. Shiv Anand at 2.00 a.m. on 4th August, 1983 i.e. even before the lodging of the First Information Report with the police. He found the following injuries on his person :-