GURJANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed against the judgment of conviction and order dated 16.05.2013 passed by the Sessions Judge Rupnagar whereby, the appellant has been sentenced under Section 376 Indian Penal Code to undergo rigorous imprisonment for 7 years and to pay fine of Rs.7,000/- and in default of payment of fine, to further undergo rigorous imprisonment for 7 months, further sentenced under Section 452 Indian Penal Code for a period of 3 years and to pay a fine of Rs. 3,000/- and in default of payment of fine to further undergo rigorous imprisonment for 3 months and further sentenced under Section 323 Indian Penal Code for a period of 6 months and to pay fine of Rs.1,000/- and default of payment of fine to further undergo rigorous imprisonment for one month.

(2.) An FIR was registered on the basis of statement of the prosecutrix recorded on 18.11.2012, stating therein that she was an illiterate person and could not walk since the last 6/7 years on account of her illness . It was stated that her husband used to work as a labourer, and on the night of 18.11.2012, at about 1.00 a.m. Gurjant Singh alias Bunty son of Jagjeet Singh who is their neighbor, entered her room and forcibly raped her. When she tried to raise an alarm, he closed her mouth and after committing sexual intercourse, he left the room. Upon hearing the alarm raised, her mother-inlaw Surjeet Kaur reached shortly and also saw Bunty coming out of her room. It was further stated that Gurjant Singh alias Bunty had given a fist blow on her face due to which lower teeth of her jaw were broken. Her daughter, on coming to know about the incident, got her admitted to Civil Hospital, Morinda.

(3.) After the registration of the FIR, the matter was investigated by the police during which course the police prepared a rough site plan, recorded statement of the witnesses in terms of Section 161 Cr.P.C and medical records were collected from the hospital. The appellant accused was arrested on 18.11.2012 itself. The prosecutrix expired on 07.01.2013 before the challan could be presented by the police. After following due procedure of supplying copies of documents relied upon by the prosecution to the accused, offences punishable under Sections 376, 452 and 323 IPC were made out and the case was committed to the Courts of Session by an order dated 19.01.201