DHRUP SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KR . Babita daughter of Shri Shiv Shankar Sharma resident of village Farsath, P.S. Gorakhpur, Distt. Gorakhpur, U.P. aged 10-11 years was putting up with her cousin (maternal uncle's son) Dhrup Sharma at Mandi Gobindgarh 3-4 months prior to October, 1995. Dhrup Sharma came to their village Farsath and asked her mother Lilawati and father Shiv Shankar that he would take her (Babita) to Mandi Gobindgarh (Punjab) and educate her there. Dhrup Sharma accordingly brought her to Mandi Gobindgarh at his house and put her to the cooking of meals and washing of clothes. On her refusal to wash clothes, he gave her beating. Landlady of the house, Smt. Kamla @ Lali told her not to wash clothes as washing of clothes would tire her. Other women putting up in the house as tenants were also telling her not to wash clothes. He used to take her to the place of his work and send her to the house for preparing tea. He never permitted her to visit any other house. At night, he used to put her to sexual intercourse. He used to put off her underwear and made her sleep with him on the same bed. When she wept, he gave her beating and tied her hands and feet. On the night intervening 4/5.10.1995, he was beating her. Aunti Smt. Kamla @ Lali came and asked him why he was beating her. He replied that she was not studying. Smt. Kamla confronted him that it was 1 AM and 1 AM was no time to study. On hearing Dhrup Sharma's reply, Smt. Kamla gave him as slap. She gave vent to this incident. She took Babita to Smt. Prem Lata wife of Shri Harbans Lal, ex-MLA Fatehgarh Sahib. Thereafter, she was taken to Civil Hospital, Fatehgarh Sahib. She was medically examined by Dr. Avinash Kaur, Medical Officer, Civil Hospital, Fatehgarh Sahib. SI Gurmel Singh, Additional SHO, P.S. Mandi Gobindgarh recorded statement Ex.PA of Babita on the basis of which case FIR No. 81 was registered against Dhrup Sharma under sections 354/376/511 IPC at PS Mandi Gobindgarh vide formal FIR Ex.PA/2. After investigation Dhrup Sharma was challaned under Sections 354/376/511 IPC. On the case being committed to the Court of Session, Dhrup Sharma was put on trial before Additional Sessions Judge, Fatehgarh Sahib on the charge under Section 376 IPC drawn up against him vide order dated 12.12.1995 passed by Additional Sessions Judge, Fatehgarh Sahib. The accused pleaded not guilty to the charge and claimed trial. With a view to bring home the charge levelled against the accused, prosecution examined Babita (prosecutrix) PW.1, Smt. Kamla @ Lali PW.2, Dr. Ranjit Singh Medical Officer, Civil Hospital, Mandi Gobindgarh PW.3, SI Gurmel Singh PW.4, ASI Mohinder Singh PW.5, Dr. Avinash Kaur, Medical, Officer, Civil Hospital, Fatehgarh Sahib PW.6. Report of the chemical examiner Ex.PX was tendered into evidence.

(2.) ACCUSED when examined under Section 313 Cr.P.C. denied the imputations appearing in prosecution evidence against him and stated that it is a false case against him engineered at the instance of Smt. Kamla @ Lali by Babita. Smt. Kamla wanted his eviction from the house. Babita used to put up with Smt. Kamla and sleep with her during the night. He never brought Babita from U.P. She came to Mandi Gobindgarh with her parents and started putting up with him. While leaving for U.P., her parents left Babita with him. He used to leave for the place of his work in the morning leaving Babita alone in the house with Kamla, landlady of the house. Babita is from his brother-hood and not his first cousin. In his defence, he examined Harjit Singh DW.1 and Ram Partap PW.2.

(3.) THROUGH this appeal, Dhrup Sharma has knocked the door of this Court praying that he deserved acquittal and has been unjustly convicted and sentenced.