GURJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal against the judment/order dated 23-5-1987 of the Additional Sessions Judge, Ludhiana, vide which he convicted the appellant under Section 376, I.P.C. and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,000/-. In default of payment of fine he was ordered to undergo further R.I. for six months.

(2.) As per statement of the prosecutrix Bakshish Kaur, she had gone to ease herself in the fields on 12-8-1986 at about 7 p.m. When she was opening string of her Salwar to answer the call of nature, accused Gurjinder Singh came on a cycle and caught hold of Bakshish Kaur from behind. Accused closed her mouth with hand and forcibly committed rape on her. She had put up resistance and during that period she received injuries on her right side of the face and left ear. As her mouth was gagged, she could not raise any alarm. After committing rape the accused left the place. She talked about the happening to Nachhatar Kaur and Darshan Lal. During the process of rape, her bangles were also broken and Chappals were also left at the spot. Her husband who was working as tailor came back to the house at about 9 p.m. and she narrated him the whole story. They then left for the Police Station to lodge the report and in the way S.I. Nazar Singh (PW 7) met them, where Bakshish Kaur (PW 4) made statement Ex. PF, which was read out to her and she thumb marked the same after admitting it to be correct. Sub Inspector Nazar Singh (PW 7) made endorsement Ex.PF/1 and sent the same for the registration of the case and on its basis formal FIR Ex. PF/2 was recorded by Inspector Balbir Singh. Ex.PB/1 is the injury statement of Bakshish Kaur. On 13-8-1986 Sub Inspector Nazar Singh (PW 7) inspected the spot and prepared rough site plan Ex. PR. He also took into possession Chappals Ex. P1 and PW 2 and broken pieces of bangles Ex.P-3, vide memo Ex.PF. The accused was charged under Section 376, I.P.C. to which he pleaded not guilty and claimed trial.

(3.) In order to substantiate their case, the prosecution examined Dr. Santosh Katari, PW 1, who medically examined Bakshish Kaur, aged 20 years, on 13-8-1986 at 3 a.m. and found the following injuries on her person :-1. 2 cm x 1 cm oval abrasion 1 cm to the left of the pinna of the left ear louble.2. 2 cm x 1 cm linear contusion, with abrasion blush in colour on the right upper lip and angle of the mouth extending towards right cheek.