PALA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgement/order of sentence dated 10.3.1998 passed by the Court of learned Sessions Judge, Ferozepur whereby he convicted and sentenced the accused Pala Ram to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 3,000/- or in default of the same to further undergo rigorous imprisonment for six months under Section 376 of IPC and further sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,000/- or in default thereof, to further undergo rigorous imprisonment for two months under Section 450 of IPC with a further direction that the substantive sentences shall run concurrently.

(2.) SHORN of all unnecessary details, the prosecution case is that on 6.6.1996 at about 7:00 P.M., the prosecutrix (name is not being indicated in the judgment to prevent social victimisation of the victim in view of Premiya alias Prem Parkash v. State of Rajasthan, 2008(4) RCR(Criminal) 539 : 2008(5) RAJ 490 (SC)) was all alone present in her house. She had bolted the door from inside and was arranging the wheat-chaff, when her father was away to his personal work and her sister-in-law, brother and mother had gone to attend the marriage at Amarpura. The accused Pala Ram by scaling over the wall entered in the room and removed her salwar and started committing rape forcibly on her. She raised alarm. Meanwhile, her brother Beelu PW came there. He knocked at the door, the bolt of which being loose got opened. He saw the accused committing rape on her. On catching sight of his, the accused made an endeavour to flee from the spot. Beelu by picking up a spade gave two blows, as a result of which, the accused sustained injuries and he ran away from the scene of crime. Her father Chandu Ram came later on in the house. She narrated the entire occurrence to her father, who took her to Fazilka Hospital, where she was medico legally examined. On 7.6.1996 at 12:45 P.M. The ruqa was sent to the Police Station, City Fazilka. On receipt of the ruqa as well as medico legal examined report, ASI Sucha Singh went to the aforesaid hospital and recorded the statement of the prosecutrix. On the basis of the same, the case was registered. The said ASI visited the spot, prepared the rough site plan showing the place of occurrence and arrested the accused. On completion of investigation, the charge-sheet was laid in the Court of learned Illaqa Magistrate. He committed case to the Court of Session for trial of the accused.

(3.) WHEN examined under Section 313 of Cr.P.C., the accused denied all the incriminating circumstances appearing in the prosecution evidence against him and pleaded that "I am innocent. Beelu Ram had a fight with me and he caused me injuries in the hospital and later on, this case was planted upon me, when I was in the hospital." He did not adduce any evidence in defence. After hearing the learned Public Prosecutor for the Sate, the learned defence counsel and examining the evidence on record, the learned trial Court convicted and sentenced the accused as noticed at the outset. Feeling aggrieved with the conviction/sentence, he has preferred this appeal.