KULDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Kuldip Singh son of Ajit Singh, resident of Bhagwan Dass Colony, Netaji Nagar, Ludhiana, aged about 19 years, a student of 10th class, has been convicted for an offence under section 376, Indian Penal Code, by Additional Sessions Judge, Ludhiana, vide his order dated September 22, 1986, for committing rape on Kumari Neetu daughter of Raunak Raj aged about 9 years on March 9, 1986, at about 10 a.m. in his house and sentenced to imprisonment for life and a fine of Rs. 100/- and in default of payment of fine to undergo further R.I. for one month. Feeling aggrieved against the order of conviction, the appellant has come to this Court in appeal.

(2.) Prosecution story, as gathered from prosecution evidence, is that Neetu resided with her parents in a shop-cum-house in Bhagwan Dass Colony, Netaji Nagar, Ludhiana Kuldip Singh appellant resided in a house, in front of the house of Neetu. Bitu is younger brother of Kuldip Singh. On March 9, 1986, at about 10 a.m. Bittu took Neetu to his house saying that they will play there. Kuldip Singh was present in the house. He sent Bittu to get some parts of his stove from bazar. That left Kuldip Singh alone in the house along with Neetu. The appellant took Neetu to a room of his house, laid her on the bed and loosened her pajami (trouser). The appellant loosened his pant and laid on her and tried to put (according to Neetu) his part from where he urinates into her part from where she urinates. She felt pain and started bleeding.. The appellant also started bleeding. Somebody knocked the door of the house of the appellant from outside. He opened the door. Neetu left his house and went to her house. In her house, she informed her parents what had happened in the house of the appellant. Nothing was done till evening as parents on Neetu waited for Hans Raj P.W. On arrival of Hans Raj, Raunak Raj P.W., father of Neetu, reported the matter to the police. On the basis of his statement Exhibit P1 a case was registered and A.S.I. Nirmal Singh, Incharge Police Post, Salemtabri, took up the investigation, inspected the place of occurrence and prepared rough site plan. He got Neetu medically examined and arrested the appellant on March 10, 1986. The appellant was interrogated and on interrogation he made a disclosure statement to the effect that he had kept concealed a shirt and a pant stained with blood in the store of his house and could get the same recovered. His statement was reduced into writing and he got shirt Exhibit P. 3, and pant Exhibit P. 4 recovered in pursuance of his disclosure statement. These clothes were sealed into a parcel and taken into possession.

(3.) After completion of investigation, the appellant was challaned, tried and convicted, as mentioned earlier.