LAWS(P&H)-1998-4-86

BHAG SINGH Vs. STATE OF PUNJAB

Decided On April 27, 1998
BHAG SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) UNFORTUNATE are the facts that a handicaped girl who was dumb deaf as well during the initial years of her age but later on could speak a little bit, has been raped by the present appellant Bhag Singh, though the co -accused Bhoop Singh has been acquitted by the trial Court. The investigation came into action when Shanti Devi w/o Lakhai Ram, r/o Village Waryam Khera, gave a statement before A.S.I. Gurdail Singh on 1.12.1985 gating that she used to work as Mali. She used to reside with her children in the Dhani of Sarpanch Shiv Narain. She had six daughters and two sons. Her husband Lakhai Ram used to do household work in the Dhani of the said Sarpanch. Her daughter Kala Wati, aged about 14 years, usually went to village Waryam Khera to see her father Lakhei Ram. Her daughter Kala Wati who could not speak had gone to see her father one day earlier and she had returned till then. Upon this, Shanti Devi to Village Waryam Khera to enquire about her daughter from her husband Lakhai Ram. On reaching there, husband Lakhai Ram told her that Kala Wati did not visit him earlier. Upon this, she search her daughter from place to place but her where -abouts could not become possible. At last, she reached in her Dhani and was taking connection with this incident with Bhajan Lal s/o Ram Lal whose Dhani was situated in her neighbourhood and with Brij Lal S/o Shoe Lal, r/o Village Waryam Khera. In the meanwhile, Bhoop Singh s/o Rakha Ram reached the on a motor cycle. Bhoop Singh was driving the motor cycle and her daughter Kala Wati was sitting on the pillon seat. Bhaga s/o Man Sukh Ram was a sitting on the pillion seat. After getting down her daughter Kala Wati fell down, the ground after getting down from the motor cycle. Shanti Devi enquired from her as to where she remained till then. Upon this, Kala Wati, told her in her dumb language that she was feeling pain in her arms and thighs and was also feeling pain in her private parts and that the above two persons had committed rape upon her by putting their private parts in her private parts from where she used to urinate. As the condition of Kala Wati was serious, she was got admitted in the Civil Hospital, Abohar by Lakhai Ram, husband of Shaul Devi. Finally, it was alleged by Shansi Devi that Bhoop Singh and Bhagahal committed rape with her daughter Kala Wati without her consent. This statement of Shanti Devi become the subject matter. Exn. PJ. It was read over and explained to Shanti Devi who thumb marked the same in token of it correctness. Thereafter, A.S.I. Gurdial Singh, made his endorsement, Ex. PJ/1 underneath the said statement and it was sent to Police Station, Khuian Sarwat, for the registration of the case at 8.30 P.M. and formal FIR Ex.PJ/2 No.114, was registered on 1.12.1985 under Section 376/34, IPC. The special report of this reached the Illaqa Magistrate on 2.12.1985 at 7.30 PM through constable Singh. The investigation of this case was taken up at the first instance by Gurdial Singh who received a telephone message from Moharrir Head Constable, Police Station City Abohar, regarding the admission of Kala Wati in the hospital. Then, he went to Abohar where he received a Ruqa from the doctor through Police Station City Abohar. Then, he went to the Civil Hospital Abohar and made a written request, Ex.PC, to Dr. Sarita, to enquire whether Kala Wati was fit to make the statement or not. The doctor gave her opinion Exh. PC/1, vide which Kala Wati was found unfit to make the statement the A.S.I recorded the statement of Shanti Devi. He also took into possession one parcel containing Swab and another parcel containing blood stained clothes, i.e., shirt and,salwar, belong to Kala Wati, vide recovery memo, Ex.PQ. After recording the statements of the witnesses, he prepared the rough site plan, Ex.PR, of the alleged place of occurrence. S.I. Kashmir Singh was the other I.O. who partly investigated this case and he arrested Bhoop Singh accused 30.1.1986. Dr. Santa, Medical Officer, Civil Hospital, Abohar, medically examined Kala Wati on 1.12.1985 at 6.15 P.M. when she was brought by father Lakhai Ram. The Doctor found one scabbed abrasion 1.5 cm x 0.75 cm on the wrist joint on the dorsal side. This Doctor also found that labia majora was slightly developed. No public hair were found present. The hymen found torn and it was slightly oedematous. Vagine admitted two fingers some difficulty. The said Doctor also noticed that complaints of pain by the prosecutrix in her lower abdomen. The Doctor proved. Ex. PA, carbon copy of the Medico - legal Report of Kala Wati. After the receipt of report, Ex.PE, of the Chemical Examiner, it was noticed that semen was d on the Salwar. Dr. S.I.S. Sandhu, Principal Medical Officer medically examined Bhoop Singh and vide report, Ex.PN, declared him fit to perform sexual intercourse. The Doctor also conducted the ossification test on the body of Kala Wati and vide report, Ex.PG, declared that Kala Wati was above 18 years of age.

(2.) DURING the course of investigation, Bhag Singh was found innocent and the investigation was even varified by the D.S.P., Ferozepur and the S.P., Ferozepur. However, Bhag Singh was summoned under Section 319, Cr.P.C.

(3.) ON the completion of the investigation of the case, Bhoop Singh was challened vide others dated 29.4.1986, Judicial Magistrate Ist Class, Fazilka, committed Bhoop Singh. Since acquitted, to face the trial under Section 363/366/376, IPC, to the court of Sessions. After the summoning of the present appellant Bhag Singh, he and his co -accused Bhoop Singh were charge -sheeted under Section 366/376, I.P.C., on 13.6.1986. The charge was read over and explained to them to which they pleaded not guilty and claimed trial.