PAWAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment of mine shall dispose of Criminal Misc. No. 286-MA of 1998 filed by the State of Punjab for enhancement of sentence and Criminal Appeal no. 25-SB of 1998 filed by the accused-appellant against his conviction.

(2.) THE allegations as levelled by the prosecutrix (name not disclosed) aged 34 years, mother of four children are regarding rape upon her by the accused-appellant Pawan kumar (hereinafter referred to as 'the accused') a neighbourer that led to his prosecution in the instant case. Consequently, vide judgment dated 3-1-1998 passed by the learned Sessions Judge, Gurdaspur. he was convicted and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 200/- under Section 366, IPC and similar sentence under Section 376, IPC.

(3.) VIKRAM Pal is the husband of the prosecutrix, whereas, the accused was her neighbour. The prosecutrix had four children i. e. two daughters and two sons. The eldest daughter was about 14 years old. The prosecutrix went missing on the intervening night of 25/26-3-1995 at about 4. 00 a. m. about which the complainant suspected the accused to be behind the crime as his house was found locked, therefore, he lodged the report against him on 31-3-1995. However, the prosecutrix along with the accused was recovered from bus stand Batala on 4-4-1995. Consequently, she was got medicolegally examined so as the accused. The lady doctor handed over two vaginal swabs to the investigating Officer which were taken into possession vide memo Ex. PH and sent to the Forensic Science Laboratory. The prosecutrix was handed over to her husband on 5-4-1995. On completion of the investigation, challan against the accused was presented in the Court.