NISHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 22.5.1996 passed by Additional Sessions Judge, Gurdaspur, wherein, accused/appellant Nishan Singh (hereinafter referred to as the appellant) was convicted under Section 376 of the Indian Penal Code (for short IPC) and was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 500/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months.

(2.) IN nutshell, the brief facts necessary for disposal of the appeal as unfolded during the trial, are that on 18.8.1988 at about 5.00 p.m, the prosecutrix (name not disclosed) aged about 13/14 years resident of village Bulowal was coming back after attending the call of nature. When she was on her way, the appellant caught hold of her and took her in the sugarcane field, where after breaking open the string of her salwar, committed rape on her. Shrieks raised by her attracted her father, namely Mohinder Singh. On seeing him, the appellant fled away. On the same day, Mohinder Singh took the prosecutrix to the Police Station, where, Ajit Singh ASI recorded her statement Ex.PC, on the basis of which FIR Ex.PC/2 was recorded. Consequently, the investigation was set into motion. The Investigating Officer prepared the rough site-plan; got the prosecutrix medico legally examined on 19.8.1988; vaginal swabs and clothes were taken by the doctor in possession and handed over to Ajit Singh ASI/Investigating Officer; he also recorded the statements of the witnesses; arrested the appellant and got him medico legally examined.

(3.) THE prosecution in order to substantiate its charges, examined Gurkrishan Kumar (PW1), Paramjit Singh Patwari (PW2), the prosecutrix (PW3), Mohinder Singh (PW4), Dr. Satinder Pal Singh (PW5), Dr. Pritpal Kaur (PW6), Ajit Singh Investigating Officer (PW7) and Dr. Prem Parkash (PW8).