KAUR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants Kaur Singh and Avtar Singh have been convicted and sentenced under sections 161, Indian Penal Code and under section 5(2) read with section 5(1)(d) of the Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for one year under each count and to pay a fine of Rs. 200/- each or in default of payment of fine to suffer further rigorous imprisonment for one month each although both the substantive sentences were made to run concurrently.

(2.) The prosecution story, as narrated by Sadhu Ram P.W. is that on 17th May, 1983 at about 2.30 p.m. he went to Mandi Dabwali in order to help Smt. Angrez Kaur wife of Harchand Singh for purchasing some articles for Smt. Melo daughter of Smt. Angrez Kaur and after purchases, these articles were theft a Dabwali. From Dabwali both Sadhu Ram and Smt Angrez Kaur started at about 7 or 7.15 p.m. on one scooter to village Jangirana to which village Sadhu Ram belongs. Sadhu Ram owns enough landed property attached to 8 Dera of which he is the Mahant. Sadhu Ram was driving his scooter while Smt. Angrez Kaur was sitting on the pillion. At about 8.30 p.m. they crossed village Bambiha towards village Jangirana and when they were at a distance of about one furlong they saw two persons standing on the road and one of them had a bicycle. On signal being given, Sadhu Ram stopped his scooter and identified one of these persons as Avtar Singh, Police Constable belonging to his village Jangirana. Avtar Singh appellant pushed Sadhu Ram who along with Smt. Angrez Kaur and the Scooter fell down. Avtar Singh appellant gave laps on the face of Sadhu Ram and on the intervention of Angrez Kaur she was also treated in the same way. Avtar Singh shouted that he was a C.B.I. Inspector while his companion was a Constable taken from Police Station, Sangat, for helping him in the detection of the crime. Sadhu Ram was told by Avtar Singh that he was roaming with a vagabond woman and they were to be taken to the Police Station. Sadhu Ram told Avtar Singh that the latter was known to him as being a resident of village Jangirana and a police Constable. Sadhu Ram further told Avtar Singh that the former had treated him for illness. Both the appellants asked Sadhu Ram and Smt. Angrez Kaur to accompany them to the police station failing which they would be killed. Sadhu Ram was asked to start his scooter which he did and Avtar Singh drove the scooter towards village Bambiha with Sadhu Ram and Smt. Angrez Kaur sitting on the pillion while Kaur Singh appellant followed them on a cycle. One Sukhdev Singh Mistri and Puran Singh met them near village Bambiha and they asked Avtar Singh appellant to release Sadhu Ram but they were told by him that as Sadhu Ram was roaming with a vagabond woman he was to be taken to the police station. In the meantime Kaur Singh appellant also came there and on reaching Bus Adda of village Bambiha, Sadhu Ram asked Kaur Singh appellant to help him and Smt. Angrez Kaur and to get them released from Avtar Singh appellant. At the instance of Kaur Singh Tehal Singh a shop-keeper was awakened and a bargain was struck for releasing Sadhu Ram and Smt. Angrez Kaur provided an amount of Rs. 600/- was given to the appellants. Sadhu Ram paid Rs. 200/- to Tehal Singh which was passed on to the accused. The appellants are alleged to have been identified in the electric light at the shop of Tehal Singh and they were let off by the appellants on the promise to pay the remaining balance of Rs. 400/-on the next morning. The appellants warned Sadhu Ram and Smt. Angrez Kaur not to loiter in future otherwise they would be got arrested. Sadhu Ram along with Smt. Angrez Kaur went on his scooter to village Jangirana and on the next morning, that is, on 18th May, 1983 at about 10 a.m. Sadhu Ram is said to have gone to Police Station, Sangat, where Daily Diary report No. 36 was got recorded by him and it was written by Ranjit Singh, Head Constable and the same was signed in token of its correctness by Sadhu Ram and thumb married by Smt. Angrez Kaur. In this statement, which is Exhibit P.D., Sadhu Ram stated that he had treated Avtar Singh appellant's brother Chhinder Singh and when the cost of the treatment was demanded by him there was a dispute. Hardip Singh, Sub-Inspector conducted an enquiry and submitted a report to the S.S.P. Bhatinda who got this case registered on 20th May, 1983 under sections 341/170/506/354/161, Indian Penal Code and Section 5(2) of the Prevention of Corruption Act in Police Station, Sangat. During investigation of this case, Smt. Angrez Kaur came out with a statement before Shri Sudarshan, Singh Chopra, Deputy Superintendent of Police on 30th May, 1983 that on 17th May, 1983 she had been raped by the appellants and as such offence under section 376, Indian Penal Code, was also added against the appellants. The appellants were sent for facing trial under section 161, Indian Penal Code and Sections 5(1)(d) and 5(2) of the Prevention of Corruption Act for the demanding and, accepting illegal gratification of Rs. 200/- from Sadhu Ram and Smt. Angrez Kaur in consideration of their release from illegal detention. The appellants were separately challaned under sections 376 and 506, Indian Penal Code and a separate trial works held. Ultimately the appellants were acquitted of the charges under sections 376/506, Indian Penal Code, on 12th March, 1985 and the learned trial Judge has observed as follows: Independent evidence of the persons who met and came into contact with Angrez Kaur and Sadhu Ram having been withheld, the statements of the prosecutrix and Sadhu Ram feel to made any impression on a judicial mind, particularly when the story stated by them is inherently improbable and suffers from basic infirmities enumerated in this discussion. It is unnecessary to dilate on the defence version and evidence. With the said observations, the learned trial Judge has held that the prosecution has utterly failed to prove the charge of rape or criminal intimidation against the appellants showing thereby that Sadhu Ram and Smt. Angrez Kaur are not reliable witnesses and their testimony cannot be relied upon except with independent corroboration of persons whose presence was shown by the prosecution itself but these persons were not examined.

(3.) In the present case, the trial Court has believed the statements of Sadhu Ram and Angrez Kaur P.Ws. The story of the prosecution is most improbable and unbelievable. According to the First Information Report Exhibit P.D. there is no reason given by Sadhu Ram for his taking Smt. Angrez Kaur with him to village Jangirana specially when the job for which he had been called was over and the articles purchased had been left at Mandi Dabwali. Inspite of job being over he took Smt. Angrez Kaur to his own village Jangirana and that too at 7.15 p.m. for which no earthly reason is put forth in the F.I.R. either by Sadhu Ram or by Smt. Angrez Kaur in her statement under section 161, Exhibit D.D. The explanation now given by both the P.Ws. for going to village Jangirana is that a Charkha was to be brought from one Mistri of Jangirana for giving it to Smt. Melo along with the articles already purchased. Both the witnesses were confronted with their earlier statements for their omission to mention the reason al the earliest. The statements introducing the explanation now put forth cannot be believed. The reason for going to Jangirana has been concealed in the F.I.R. as well as in the statement under section 161 Exhibit D.H. The F.I.R. was lodged on the next day in Police Station, Sangat and the statement of Smt. Angrez Kaur under section 161, Cr. PC was recorded later on and it does not appeal to reason that if the purpose of their visit to Jangirana was to bring the alleged Charkha why the same was not mentioned by both of them. Again these two witnesses did not mention anything about the rape having been committed on Smt. Angrez Kaur till 30th May 1983. Smt. Angrez Kaur has also admitted in her statement that earlier she also used to stay with Sadhu Ram and that Sadhu Ram is not married and is living all alone in his Dera at village Janairana. On the night of 11th May, 1983, both of them stayed in the Dera and she had changed her clothes during the night. In cross- examination she further stated that Sadhu Ram had been visiting their house and even staying many a time at her house and she also used to stay in the Dera of Sadhu Ram when she used to go there and became late. In her statement Exhibit D.A. she has specifically stated that Sadhu Ram had reached Dabwali in the morning on 17th May. 1983. It is not explained either by Smt. Angrez Kaur P.W. 2 or by Sadhu Ram P.W. 3 as to why Sadhu Ram stayed till 7 or 7.15 p.m. when they started for the village of Sadhu Ram, as no purpose was disclosed till they were examined as P.Ws. Smt. Angrez Kaur P.W. 2 has admitted that she did not state before the police in respect of Kaur Singh appellant standing with Avtar Singh giving of slaps and his accompanying them to Bus Stand, Nandgarh and that they had taken Rs. 200/- through Tehal Singh.