KARAM SINGH Vs. STATE

JUDGEMENT

(1.) This is appeal by Karam Singh arising out of the judgment of the Sessions judge, Gurdaspur dated April 15, 1968 convicting the appellant under Section 376, Indian Penal Code and sentencing him to three years' rigorous imprisonment.

(2.) Smt. Pushpa Devi daughter of Durga Dass was living with her parents in Batala. She alongwith her father and her mother Janak Rani was living in a rented portion of the house. The appellant was living as a tenant in another portion of that very house. On October 2, 1967, municipal election at Batala was going on. Janak Rani and Jit Kaur wife of the appellant left the house for casting their votes in that election. Pushpa Devi was left behind in the house. After having cast the vote, when Janak Rani returned at about 9.00 a.m., she found that her daughter Pushpa Devi was lying on a cot in the room of the appellant and seeing her the appellant went out of the room. When Janak Rani came close to Pushpa Devi, she noticed her salwar besmeared with blood. She found its seat torn and its string broken into two pieces. She raised alarm. Charan Dass, Ram Chand and Madan. Mohan were attracted to the place. Charan Dass was sitting at his tea-stall whereas Ram Chand and Madan Mohan were taking tea at the stall. The appellant with a knife in his hand tried to scale over the wall of the courtyard. Charan Dass and the other two persons tried to capture the appellant but he threatened them with his knife and made good his escape.

(3.) Smt. Pushpa Devi narrated to them that when she went to the hand-pump installed in the house, the appellant turned up there. After latching the outer door from inside, he gagged her mouth with her chuni and dragged her into his room and couched her on a cot lying there. He tore away the seat of her salwar and cut the nala into pieces with a knife, which he had with him. He pulled down the salwar below the knees and committed sexual intercourse with her against her consent. In process of sexual intercourse, she bled from her vagina and her salwar got besmeared with blood. She further said that she struggled hard to get herself released from the clutches of the appellant to defeat his object of committing sexual intercourse with her but to no avail. She also said that she was, at the time rape was being committed upon her, threatened that if she cried or raised noise, she would be dealt with that knife.