GURJANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Impugned in present appeal is the judgment of conviction and order of sentence dated 23.5.2013, passed by learned Additional Sessions Judge, Sangrur, vide which appellant was convicted under Section 376 IPC, under Section 6 read with Section 5 (f) of Protection of Children from Sexual Offences and under Section 3 read with Clause (xi) (xii) Clause (2) (v) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and was sentenced as under :-

(2.) The facts of the case are that present appellant was a mathematics teacher in Government Senior Secondary School, Namol, District Sangrur and was residing at village Namol. The prosecutrix Ms. X (identity withheld), aged about 14 years, was studying in 8th class in said school. It was alleged that on 31.12012, accused called the prosecutrix at his house for checking practical of mathematics. The prosecutrix went to the house of accused at about 12 O' clock on 31.1201 The accused was alone in house at that time. It is alleged that accused forcibly took the prosecutrix inside the room and bolted the room. Thereafter, he committed rape upon prosecutrix. The prosecutrix did not disclose this fact to anybody. However, on 12013, she disclosed the incident to her father Chet Singh (complainant). While Chet Singh was going to police station with her daughter (victim), SI/SHO Rajwant Singh met him at Bus Stand Cheema and recorded his statement (Ex.PA). After making the endorsement, same was sent to police station. There, formal FIR (Ex.PA/3) under Section 376, 506 IPC was registered on 13.2013 at about 2:00/2:15 AM. At the same time, complainant produced the certificate of his caste before the police. The prosecutrix was taken to the hospital and was got medico legally examined by Dr. Ramanveer Kaur Boparai, Medical Officer, Civil Hospital, Sangrur. On 14.2013, accused was arrested. The statement of prosecutrix under Section 164 Cr.P.C. (Ex.PC) was recorded by Balwinder Kaur Dhaliwal, learned JMIC (Duty), Sunam, on 16.2013. The accused was also got medico legally examination and found fit for sexual intercourse by doctor. The site plan of place of occurrence was prepared. During the course of investigation, birth certificate and school record of prosecutrix was taken into possession. As per birth certificate (Ex.PW7/A), date of birth of prosecutrix is 3.11999. The statement of principal of school was also recorded. After completion of investigation, challan was presented against accused.

(3.) Accused was chargesheeted under Section 376 IPC, under Section 5 (f) and 6 of Protection of Children from Sexual Offences and under Section 3 (xi) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, to which accused plead not guilty.