HARBANS SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant assails the judgment of conviction and sentence vide which he was sentenced to 10 years' rigorous imprisonment along with a fine of Rs.5,000/- under Section 376 IPC. In default of payment of fine, he was to further undergo rigorous imprisonment for a period of 6 months, on a complaint given by his daughter.

(2.) The police received a complaint on 10.06.2013, made by the 17 year old daughter alleging rape by the father. The incident occurred in the morning at about 6:00 AM on 08.06.2013. The allegations are that she was raped at their house in the morning at about 5:30/6:00 AM. Her her siblings were away to school, her mother was mentally unstable. The complainant had mentioned that she had mustered courage and had confided in her elder sister and then informed the police. The police produced the girl before the Magistrate for her statement under Section 164 Cr.P.C. and her medical was got done. The vaginal swabs and samples for DNA test were collected. The father was arrested. Charge was framed under Section 376 IPC to which he pleaded not guilty and claimed trial.

(3.) Dr. Simrit Kaur PW-1 had conducted the medico-legal examination on the victim who informed that she (victim) was being repeatedly sexually assaulted since the age of 8 9 years and the last assault had taken place on 08.06.201 Medical Officer deposed that there was no evidence of fresh external injury on her body and there was no mark of injury even on local examination. The hymen was found to be old and torn. On examination of the chemical examiner's report, the Medical Officer had stated that in her opinion the victim had been subjected to sexual intercourse. In the cross-examination, the witness had stated that the average age of spermatozoa is up to 72 hours and as per the chemical examiner's report, no spermatozoa was detected.