HARJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Harjinder Singh faced trial by learned Additional Sessions Judge, Amritsar, who vide judgment dated 28.11.2001 convicted him for an offence under Section 376 IPC and vide order of that very date sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 5,000/- and in default thereof, to further undergo rigorous imprisonment for six months.

(2.) The accused-convict Harjinder Singh, who is appellant before this Court prays that the appeal be accepted, the impugned judgment of conviction and order of 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 on 27.1.2000 at about 3:00 p.m., the prosecutrix (name not being mentioned to conceal her identity), grand-daughter of the complainant Surjit Kaur was playing with children at village Aasal Uttar,, Tehsil Patti, then District Amritsar, now District Taran Tarn, in the meanwhile Harjinder Singh accused living in neighbourhood of the complainant came there and took away the prosecutrix with him on the allurement of providing her toffees; that after about half an hour when the prosecutrix did not return, then the complainant and her son Surta Singh i.e. father of the prosecutrix started searching for her; that when they reached near bridge of drain, they heard cries of the prosecutrix and observed that accused was committing rape upon her, who was lying on the ground; that her salwar had been brought down; that Surta Singh and complainant Surjit Kaur raised alarm, then Harjinder Singh accused ran way from the spot; then the prosecutrix was brought home; that respectables of the village tried to get the matter compromised between the parties but those efforts proved futile. Thereafter, the matter was reported to the police. The statement of complainant Surjit Kaur was recorded by Inspector Rajinderpal Singh (hereinafter referred to as the Investigating Officer/I.O.), who after appending his endorsement thereon sent ruqa to the police station, on the basis of which formal FIR was recorded. The prosecutrix was got medically examined. The investigation in the case started. Inspector Rajinderpal Singh recorded statements of witnesses, prepared rough site plan of the place of incident. The police officer, who was deputed to get medically examined the prosecutrix produced her MLR and parcel containing swabs and blood stained salwar of prosecutrix besides one envelope before the Investigating Officer, which were duly sealed. Those were taken into possession by the Investigating Officer. The accused was arrested in this case.