STATE OF PUNJAB Vs. CHATINDER PAL SINGH @ HONEY

JUDGEMENT

(1.) STATE of Punjab has filed the present appeal against the acquittal of respondents in a case under Sections 376, 366, 363 and 306 IPC by Additional Sessions Judge, Ropar vide judgment dated August 24, 1990.

(2.) THE FIR, Exhibit PD-3 in this case was recorded on July 29, 1989 at 9.30 p.m. in Police Station Mohali under Sections 363 and 376 IPC on the basis of statement Exhibit PD made by Kumari Poonam (since deceased) recorded by Head Constable Bishnu Dutt in PGI Chandigarh at 1.30 p.m. on July 29, 1989. In the said document it was alleged by Kumari Poonam (since deceased) aged about 16-1/2 years that she was a student of 9th class in Senior Secondary School, Mohali and that on that day i.e. on July 29, 1989 at about 10.15 a.m. she had committed suicide by putting kerosene oil on her clothes and putting the same on fire on account of misbehaviour by accused Honey who was resident of H.No. 112, Phase II, Mohali. It was alleged that on July 17, 1989 when she was going to the school at about 7.00 a.m. alongwith her brother Anil, on the way Honey accused met them and he asked her to accompany him, failing which he would not spare her brother and out of fear she went with him and he took her to Rose Garden, Chandigarh in an Ambassador car. It was further alleged that on the previous day i.e. July 28, 1989, in the same manner she was coming to the school at about 7.00 a.m. alongwith her brother Anil and her friend Rajni when accused Honey alongwith two others whom she could recognise met them in white coloured Ambassador car and they made her brother Anil sit in the said car and told her that if she wanted her brother then she should sit with them and out of fear she sat in the car and they also made Rajni sit in the said car. Thereafter they took them to a hotel in Sector 22, Chandigarh and there they forcibly committed rape with her and thereafter they left them at Mohali at about 1.00 p.m. on that day. It was further alleged that thereafter she had told the entire occurrence about these two dates to her mother. It was further alleged that on that day i.e. July 29, 1989, the said boy i.e. Honey came to their house and rang the door bell and went away after giving a signal to her and at that time there was no one else in the house. Her mother had stopped her from going to the school. It was alleged that she put herself on fire as she had been defamed in the eyes of the public and it was useless to live. She further alleged that on hearing her cries another tenant Darshan Singh who was residing in the adjoining room came there and he put off the fire and he also called her mother and thereafter they brought her to PGI Chandigarh where she was under treatment. She further stated that she had put herself on fire because of the earlier incident concerning Honey accused and hence accused Honey and his friends were responsible for the same. This statement Exhibit PD was recorded by Head Constable Bishnu Dutt in the presence of PW3 Dr. A.S. Bawa. Further, Head Constable Bishnu Dutt recorded the statement Exhibit PD of Kumari Poonam after obtaining opinion Exhibit PC/1 of Dr. A.S. Bawa about the fitness of Kumari Poonam to make the statement.

(3.) ON July 31, 1989 Kumari Poonam expired due to the burn injures. The offence under Section 306 IPC was also added as a result thereof. During investigation of the case the police recorded the statements of Kumari Rajni and Anil Kumar aforesaid. The statements of Kumari Rajni and Anil Kumar under Section 164 Cr.P.C. were also got recorded before the Magistrate. The medico-legal examination of Kumari Poonam was conducted on July 29, 1989 while the post mortem examination was conducted on July 31, 1989. The medico-legal examination of Kumari Rajni was conducted on August 14, 1989. As a result of the investigation, all the 4 accused were arrested in this case. After the completion of the investigation, the challan was put in the Court against all the 4 accused.