MANGESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 25.9.1997 passed by the Court of Addl. Sessions Judge, Gurdaspur, who convicted the appellant under Section 376 of the Indian Penal Code and sentenced him to undergo R.I. for a period of 7 years and to pay a fine of Rs. 1,000/-. In default of payment of fine, the appellant was directed to undergo further R.I. for two months.

(2.) THE brief facts of the case are that on 16.2.1996 at about 10.30/11.00 a.m. Nirmala Devi daughter of Babu Ram had gone to the fields in order to respond the call of nature by the side of canal. After attending the call of nature she was returning to her house but was waylaid by the appellant, who threw the prosecutrix on the ground. The prosecutrix struggled to save her but the appellant torn her Salwar and committed rape upon her, as a result of which the vagina of the prosecutrix started bleeding and her Salwar also became blood stained. The prosecutrix raised alarm which attracted Dev Raj son of Charan Das of Madhopur and on seeing him, appellant ran away from the scene of occurrence. Dev Raj then took the prosecutrix to her house, where she narrated the entire version to her parents. Nirmala Devi was taken to Civil Hospital, Madhopur, but the doctor was not found available there till evening and thereafter they went to the police station to lodge the report. The police party headed by Shri Karamjit Singh, SHO, Police Station Sujanpur was present at bridge No. 4, Sujanpur, where Nirmala Devi accompanied by her parents met him and the Thanedar recorded her statement Ex.PC. The statement was read over and explained to Nirmala Devi, who thumb marked the same in token of its correctness. The Investigating Officer made endorsement Ex.PC/1 and the statement Ex.PC was sent to the police station on the basis of which formal F.I.R Ex.PC/2 was recorded by ASI Jaswinder Singh. Thereafter the police party accompanied by the complaint and other witnesses reached the place of occurrence. The Investigating Officer prepared rough site plan Ex.PD. He also drafted application Ex.PE for the medical examination of the prosecutrix and she was sent to the hospital for her medical examination along with ASI Manjit Singh. ASI Manjit Singh took the prosecutrix to Civil Hospital, Pathankot, but the doctor again was not available there and as such her medical examination was got conducted on the next day. The doctor gave one parcel containing clothes of Nirmala Devi and one parcel containing swabs along with one envelope which was handed over by ASI Manjit Singh to Shri Karamjit Singh, SHO, who took them into possession vide recovery memo Ex.PF. On 20.2.1996, the appellant was arrested from his house and he was medico-legally examined vide report Ex.PA and was found fit to perform sexual intercourse. The clothes and swabs of the victim were sent to the office of the Chemical Examiner, who found semen and blood on the clothes.

(3.) VIDE orders dated 12.6.1996, the learned trial Court framed a specific charge under Section 376 of the Indian Penal Code against the appellant on the allegations that on 16.2.1996 in the area of village Madhopur Koolian, the appellant committed rape upon Nirmala Devi and thereby committed the offence. The charge was read over and explained to the appellant to which he pleaded not guilty and claimed a trial.