LAWS(P&H)-2008-3-25

SUKHDEV SINGH Vs. STATE OF PUNJAB

Decided On March 14, 2008
SUKHDEV SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) SUKHDEV Singh accused appellant (hereinafter referred to as 'the accused') was tried, convicted and sentenced to undergo imprisonment for life and to pay fine of Rs. 5000/- under Section 376, ipc and for one year under Section 506, IPC for committing rape upon her own daughters amarjit Kaur and Gurmit Kaur and criminally intimidating, vide judgment dated 4-4-2003 passed by the learned Additional sessions Judge (Ad hoc) Fast Track, amritsar.

(2.) THE facts as unfolded by the prosecution are that the accused was married to jasbir Kaur and out of the wedlock, two daughters namely Amarjit Kaur and Gurmit kaur and three sons were born. Jasbir Kaur complainant (hereinafter referred to as 'the complainant'), in her statement Ex. PF dated 29-8-2001 disclosed before SI Harjinder singh, Police Station, Gharinda that previously her husband had been committing rape upon her elder daughter but the police had implicated him in some other case. Now he has been committing rape upon her younger daughter namely Gurmit Kaur. Whenever she resisted, she was beaten up badly. On 27-8-2001, he beat her up in connection with the aforesaid affairs and caused latent blows on umbilicus but she had a narrow escape. On the basis of the aforesaid statement Ex. PF, FIR Ex. PF/2 was registered at Police Station, Gharinda, amritsar, consequent upon which the police swung into action. SI Harjinder Singh recorded statements of Amrajit Kaur and gurmit Kaur; got Gurmit Kaur medico-legally examined; collected X-ray reports; arrested the accused and on completion of the investigation challan against him was presented in the Court.

(3.) ON commitment, he was charged under Sections 376/506, IPC to which he pleaded not guilty and opted for trial.