MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment and order dtd. 31/5/2004 passed by learned Additional Sessions Judge, Fast Track Court, Bathinda vide which accused Malkiat Singh was convicted for an offence under Sec. 376/109 IPC and sentenced to undergo rigorous imprisonment for nine years and to pay a fine of Rs.9,000.00 and in default thereof, to further undergo rigorous imprisonment for nine months.

(2.) The accused-convict - Malkiat Singh, who is appellant before this Court prays that the appeal be accepted, the impugned judgment of his conviction and sentence be set aside and he be acquitted of the charge framed against him.

(3.) Briefly stated, the facts of the case as per the prosecution story, are that criminal machinery in this case was set into motion by the complainant (name not being mentioned to conceal her identity and referred to as 'the prosecutrix') wife of Darshan Singh, resident of Sukhpir Road, Bathinda, who in her statement recorded with the police on 16/4/2002 stated that on the said date at 1:00/1:30 p.m. while she was present in her house, then Malkiat Singh related to her along with Manjit Singh son of Gurdev Singh, resident of Kotkapura entered her house; that Malkiat Singh was carrying a small hammer in his pocket while Manjit Singh was under the influence of liquor; both Malkiat Singh and Manjit Singh came to the court-yard of house of prosecutrix and then Manjit Singh asked Malkiat Singh to fulfil his desire stating that he was sitting in the adjoining room; that Malkiat Singh pushed the complainant in the bed-room and threw her on the bed, giving slaps to her; he loosened the string of the trouser (salwar) of the prosecutrix, pushed it down and then closed the door; he tried to rape her; the complainant/prosecutrix pushed back Malkiat Singh catching hold of his beard and raised an alarm, then he (Malkiat Singh) gave hammer blow on the left side of forehead of prosecutrix with the result, she became unconscious; the prosecutrix stated that she did not know as to what had happened subsequently. According to her, just after one hour, she regained consciousness, tied the string of her salwar, made a call on mobile phone of her husband Darshan Singh, who came and took her to Civil Hospital, Bathinda for treatment. According to the prosecutrix, the motive behind the incident was that her husband Darshan Singh was earlier married with sister of brother-in-law (SANDHU) of accused Malkiat Singh but they had separated, for that reason Malkiat Singh etc. kept a grudge and accused had entered her house and Malkiat Singh tried to rape her on the instigation of Manjit Singh, causing injuries to her. On the basis of that statement, formal FIR was registered. The matter was investigated. The complainant was got medically examined. The accused were arrested in this case. After completion of investigation and other formalities, challan against the accused was prepared and filed in the Court of Chief Judicial Magistrate, Bathinda.