PIARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant appeal has been filed against the impugned judgment/order dated 20.09.2011 passed by the trial court in FIR No.234 dated 24.10.2007, registered under Sections 363-A, 376 of Indian Penal Code at Police Station Sidhwan Bet, Ludhiana, whereby, the appellant has been convicted and sentence to undergo rigorous imprisonment of 03 years and to pay fine of Rs.1000/- under Section 363 of Indian Penal Code and to undergo rigorous imprisonment of 10 years and to pay fine of Rs.3000/- under Section 376 (2)(f) of Indian Penal Code.

(2.) The case of the prosecution finds its origin in the statement given by complainant-Binder Singh to ASI Surjit Singh on 24.10.2017, alleging therein that he is a labourer and has five daughters and one son. On 23.10.2007 at about 7.00, he along with his brother Surjit Singh were present in his house and his two daughters, the victim (named withheld) and Lachhmi had gone to purchase some articles from a shop. They were passing near the house of Piara Singh son of Chanan Singh, whose house abuts on the backside of his house. He heard a hue and cry of his daughter, and his daughter Lachhmi came back to the house running and while crying disclosed that Piara Singh had caught hold of victim and had taken her in a room of his house. Then, he along with his brother and daughter Lachhmi went to the house of Piara Singh and heard the crying of his daughter from inside. He and his brother opened the door and saw that accused Piara Singh was raping his daughter. He and his brother rescued his daughter from the clutches of accused Piara Singh. His brother tried to catch the accused, but he fled away from there. He brought his daughter to Civil Hospital, Sidhwan Bet and got her admitted in the hospital at night. While he was going to police station for lodging the report, the police party met him on the way.

(3.) On the basis of aforesaid statement, the instant FIR was lodged. During the course of investigation, accused was arrested, rough site plan of the place of occurrence was prepared, medical of both the victim and the accused were got conducted, statement of witnesses were recorded under Section 161 Cr.P.C. and after completing the investigation, challan was prepared and presented in the court.