PIARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant who was tried for the offences under Sections 366. 366-A. 376 and 506 of the Indian Penal Code was convicted for the offence punishable, under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo R.I. for two months. Being aggrieved by the said conviction and sentence, the appellant has filed this appeal before this Court.

(2.) The facts leading to the case are that the prosecutrix Darsana Kaur daughter of late Chanan Singh aged 14 years was staying in Mohalla Sangatpura in Gobindgarh with her mother and three sisters. She has studied upto 4th Standard. The appellant was residing in Mohalla Sangatpura as a tenant. On 11-3-1995, there was a marriage, in their Mohalla and the prosecutrix had gone to attend the marriage and while she was returning. Appellant Piara Singh met her in the lane and asked the prosecutrix to accompany him to his house and on her refusal to accompany him the appellant threatended to kill her. Thereafter the prosecutrix accompanied the appellant due to fear. He took the prosecutrix in the rented romp where the appellant was residing and bolted the room from inside. Thereafter the appellant forcibly put off her clothes and committed sexual intercourse with the prosecutrix forcibly and against her wishes. Whenever the prosecutrix tried to raise any alarm due to pain the appellant used to shut her mouth with his hands. The prosecutrix was forcibly detained the whole night in the room and the appellant repeatedly committed rape on her. In the morning the prosecutrix finding a chance ran away and she narrated the entire occurrence to her mother on reaching home. The prosecutrix and her mother did not tell the same to anyone out of fear for getting a bad name. Then the mother of the prosecutrix narrated the incident to her neighbour Jujhar Singh son of Jamail Singh and after taking Jujhar Singh with her the mother of the prosecutrix alongwith the prosecutrix was going to lodge a report and when they reached at the bus stand of Mandi Gobindgarh, ASI Mohinder, Singh alongwith other police officials who happened to be present there, met them. ASI Mohinder Singh recorded the statement of the prosecutrix which was signed by the, prosecutrix and on the basis of the same the formal FIR was recorded in the police station.

(3.) During the trial the prosecution examined the following witnesses: