JINDU Vs. THE SATE OF PUNJAB

JUDGEMENT

(1.) JINDU has filed the present appeal against the judgment dated February 5, 1975, passed by the Additional Sessions Judge, Gurdaspur, whereby he had been convicted under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two and a half years and to the payment of a fine of Rs. 500/ -. The charge against him is that on April 29, 1974, at village Saknowal he had committed rape upon Mst. Taro.

(2.) IT was only on May 4, 1974 at 8 p.m. that the first information report was lodged by Mst. Taro at Police Station Sri Hargobindpur.

(3.) BESIDES Taro P.W. 4, the prosecution examined Chhindo P.W. 7 So far as Chhindo is concerned, she corroborated the statement of the prosecutrix that on hearing the alarm she went to the kotha of the accused It was found that the door had not been bolted from inside It was through the chinks of the door that it was observed that the appellant was lying over Taro. The appellant was subsequently said to have opened the door himself.