SARUP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Shri Sarup Singh son of Lachhman Singh son of Hakam Singh, a stout person of 43 years, mason by profession at the time of his conviction, has filed the present criminal appeal and it has been directed against the judgment and order dated 21.9.1998 by the Court of Additional Sessions Judge, Faridkot who convicted the appellant under Section 375 I.P.C. and sentenced him to undergo pay a fine of Rs. 1,000/-. In default of payment of fine, he was further directed to undergo rigorous imprisonment for six months.

(2.) The brief facts of the case are that prosecutrix Smt. Harbans Kaur alias Banso made statement to the police of Police Station City Moga-11 on 7.5.1996 that she is resident of Moga and her husband Gurditta Mal has died and that she is not having any residential house in Moga and now for the last 6/7 months, she is residing along with her son Kewal Krishan as a tenant in a room owned by appellant Saroop Singh alias Roop son of Lachhman Singh, Jat resident of Patti Usang near Gurdeara Himat Singh Purana Moga and that one Chhinder Singh son of Faquir Singh Mehra resident of Khosa Randhir Singh is also residing as a tenant in the same house. It is alleged that Kewal Krishan son of the prosecutrix who is engaged in the work of purchasing and selling empty tins was away for his work on the day of occurrence and did not return to the house for the said night and that on the night intervening 6/7-5-1996 at about 12.30 a.m. she was sleeping on a cot in the courtyard and when her landlord Saroop Singh alias Roop came there and caught her hold from her arm and dragged her in the room where he threw her on the ground and put her dopata in her mouth, broke the nala of her salwar and committed rape upon her twice without her consent and she being an old lady became unconscious and that she has been raising raula but to no effect. As a result of commission of rape by the appellant with her, blood started oozing from her vagina and that after committing the crime, the appellant ran away from the house and in the morning Sat Pal son of Bhagwant Singh her sister's son came to her with a tea and she told the entire occurrence to him and the said Sat Pal after arranging some vehicle got her admitted in Civil Hospital, Moga. After recording the statement of the prosecutrix, it was sent to the Police Station City Moga-II on the basis of which formal F.I.R. was got recorded. After completion of the necessary investigation of the case, appellant was challaned in the Court of area Magistrate who supplied copies of the documents as required under law and vide commitment order dated 30.7.1996 committed the accused to the Court of Sessions. Vide order dated 3.10.1996, the appellant was charge-sheeted under Section 376 I.P.L. on the allegations that on the night 6/7-5-1996 in the area of Asang Patti, Moga, he committed rape upon Banso widow of Gurditta Mal and thereby allegedly committed the aforesaid offence. The charge was read over and explained to the accused to which he pleaded not guilty and claimed trial.

(3.) In order to prove the charge, the prosecution examined Dr. Vikramjit Singh (PW.1) who deposed that on 10.5.1996 he medically examined Saroop Singh alias Roop Singh appellant on the application Ex. PA moved by ASI Balwant Singh in order to ascertain whether the appellant was fit to perform sexual intercourse or not. Finally he gave his opinion Ex. PA/1 that there was nothing to suggest that the appellant was not capable of doing act of sexual intercourse. In the cross-examination the witness stated that he did not see any abnormality of penis of the appellant. PW.2 Lady Doctor Anupam Bansal, Medical Officer examined Smt. Banso prosecutrix on 7.5.1996 when she was brought to the hospital by Shri Sat Pal son of Bhagwant Singh. She gave first aid to the patient and referred her to G.G.S. Medical College and Hospital, Faridkot. She sent information to the S.H.O. P.S.City, Moga which is Ex.PB. On the same day on the police request Ex.PC this Doctor declared Banso fit to make statement under Section 161 Cr.P.C. PW.3 Doctor R.K. Goria, Assistant Professor, Department of Forensic Medicine, medically examined Banso on 7.5.1996 at 4.30 p.m. and found the following injuries :