SADHU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 3.10.1986, passed by the court of Addl. District and Sessions Judge, Ferozepur, who convicted the appellant u/s 376, IPC, and sentenced him to undergo R.I. for a period of seven years. The appellant was further directed to pay a fine of Rs. 5,000/-; in default of payment of fine, he was directed to undergo R.I. for one year. The trial court further declared that if the amount of fine was realized from the appellant, it shall go to the prosecutrix Balwinder Kaur.

(2.) THE allegations against the appellant were that on 22.3.1986 in the area of Village Khosa Kotla, he allegedly committed rape upon Balwinder Kaur, a minor. Balwinder Kaur used to reside at the house of her mother's sister's husband Teja Singh in the month of March, 1986. On 22.3.1986, she in the company of her father Balbir Singh and mother's sister's husband Teja Singh, was going to village Galoti from Village Khosa Kotla on a cycle. When they came out of the village, accused, who was the resident of Village Khosa Kotla in the close vicinity of the house of Teja Singh came on a moped and when he reached near the prosectrix, her father Balbir Singh and Teja Singh, aforesaid, he stopped his moped and offered to give lift to the prosecutrix saying that it would be very difficult for all of them to go on cycle. Teja Singh and Balbir Singh, father of the prosecutrix, agreed to the offer of the accused and the prosecutrix was made to sit on the pillion of the moped of the appellant. After having covered some distance on the moped, the appellant stopped the moped and told Balwinder Kaur that the paddle of the moped had gone out of order and that she should bring a string from a nearby place. Resultantly, the prosecutrix got down from the moped and went towards a tube-well near the said place for bringing the string. The appellant followed her and after overpowering her, took her in his lap and started kissing her. The prosecutrix started weeping upon which the accused threatened to kill her in case she raised an alarm. He untied the string of the salwar of the prosecutrix and, then, committed rape upon her. Balwinder Kaur continued weeping and crying out of pain, whereupon, the appellant asked the prosecutrix not to weep and promised to give her Rs. 100/-. In the meantime, the father of the prosecutrix and Teja Singh, aforesaid, came there. On seeing them the appellant ran away from the place of occurrence after leaving the moped. The prosecutrix was taken to Primary Health Centre, Kot Ise Khan by her father Balbir Singh and Teja Singh, PW. On finding that the Medical Officer was not available, she was brought to Village Cheema from where they took the tractor of Gurdev Singh and, thereafter, they brought her to Civil Hospital, Zira, where the porsecutrix was medically examined.

(3.) IN order to prove the charges, the prosecution examined as many as seven witnesses, i.e., Dr. Renu Mangla, PW-1, Dr. G.S. Dhaliwal, PW-2, Prosecutrix Balwinder Kaur, PW-3, Balbir Singh, father of the prosecutrix, PW-4, Harbans Lal and Joel, Patwaris, PWs 5 and 6, respectively, and ASI Onkar Singh, I.O., PW-7. The prosecution also tendered into evidence the report, Ex. PM, of the Chemical Examiner besides the affidavits of the formal witnesses.