RAGHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been instituted against the judgment and order dated 13.09.2013 rendered by the Sessions Judge, Hoshiarpur, in Sessions case no.20 of 01.08.2013 whereby the appellant, who was charged with and tried for offence punishable under Sections 376 of the Indian Penal Code (in short 'IPC'), has been convicted thereunder and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- and in default of payment of fine, to further undergo rigorous imprisonment for one year.

(2.) The case of the prosecution in a nutshell is that on 11.04.2013, ASI Salwinder Singh along with other police officials was holding picket at Bus Stand, Bhangala. Complainant Ved Parkash approached them. He made the statement. According to him, his mother (prosecutrix) was residing with him. Her age was about 90 years. She was unable to speak properly due to old age. She used to pay obeisance on temple at Mand Mandir Motla. On 11.04.2013 at about 2.30 P.M. the prosecutrix went in routine, for paying obeisance in the said temple. However, she did not come back until 6.00 P.M. Thereafter, the complainant went in search of prosecutrix at Mand Mandir Motla. At about 6.30 P.M., when he reached in the area of Motla in forest area, he found accused belonging to his village committing rape with the prosecutrix against her wishes. The accused ran away. The complainant brought his mother to house. He disclosed the occurrence to his brother Narinder Pal. Consequently the FIR was registered. Statements of witnesses were recorded. Site plan was prepared. The medical examination of the prosecutrix was got conducted. Vaginal swabs were sent to chemical examiner along with the parcel of the clothes of the prosecutrix. Challan was put up after completing all the codal formalities.

(3.) Prosecution examined a number of witnesses. The statement of accused was also recorded under Section 313 Cr.P.C. According to him, he was falsely implicated in the case. The appellant was convicted and sentenced as noticed hereinabove. Hence this appeal.