HARSHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 24.10.1994, passed by the court of Addl. District and Sessions Judge, Amritsar, who convicted the appellant Harsharan Singh u/ss 363, 366-A and 376, IPC, and sentenced him to undergo R.I. for a period of 10 years u/s 376, IPC. The appellant was further directed to pay a fine of Rs. 2,000/-; in default of payment of fine, he was directed to undergo R.I. for two years. Appellant was also directed to undergo R.I. for a period of 10 years and to pay a fine of Rs. 500/- u/s 366-A, IPC. In default of payment of fine, he was further to undergo R.I. for one year. The appellant was further directed to undergo R.I. for five years u/s 363, IPC. All the substantive sentences were ordered to run concurrently.

(2.) THE brief facts of the case are that on 3.10.1991, ASI Harjinder Singh of Police Post Sarai Amanat Khan, attached with Police Station Gharinda, was present at Bus Stand, Cheema Kalan, in connection with patrolling. Gurmeet Kaur, PW, met him there and made the statement, Ex. PF, alleging, inter alia, that she is the resident of village Cheema Kalan. Her husband Mukhtiar Singh is an agriculturist. She has one son Dhira and six daughters. Eldest daughter Ramesh Kaur is married with Sajjan Singh son of Dara Singh of village Panj Garaiyan. Younger to her is Karmaljit Kaur is married with Puran Singh son of Malook Singh of village Dall. Next to her is Savinder Kaur, who is married with Darshan Singh son of Surat Singh, resident of village Kaleke and younger to her Rajwinder Kaur is married with Kewal Singh son of Gulzar Singh resident of village Bhagwan. Lakhwinder Kaur and Sharanjit Kaur, who are aged about 14 years and 16 years are unmarried and help her in domestic work. On 1.10.1991, at about 12 P.M., her husband Mukhtiar Singh had gone out of station. Her son Dhira Singh was in the fields. She and her daughters Lakhwinder Kaur and Sharanjit Kaur were present in the house. Prem Singh alias Prema and Harsharan Singh alias Sgarana (appellant) sons of Mohinder Singh, residents of Village Cheema Kalan along with two other Sikh gentlemen, aged about 20 years, each having beard, who can be identified by her, came into the courtyard of her house. Harsharan Singh and his brother Prem Singh caught hold the arms of Sharanjit Kaur and took her from the house. She and her other daughter Lakhwinder Kaur asked them not to do so but they were threatened with death. They had kidnapped Sharanjit Kaur. Two unidentified persons remained standing in the courtyard and thereafter they also left her house. Since, her husband was out of station, she did not go to the police station to lodge the report. Since, her husband has come, she came to lodge the report. She is convinced that Harsharan Singh and his brother Prem Singh had forcibly committed rape upon Sharanjit Kaur.

(3.) THE Area Magistrate supplied the copies of the documents to the appellant and vide commitment order dated 21.2.1992, committed the appellant to the court of Sessions. Prem Singh was, however, summoned u/s 319, Cr.P.C. in order to face trial, though he was found innocent earlier. Vide orders dated 8.8.1992, Harsharan Singh and Prem Singh were charge-sheeted for the offences u/ss 366-A, 376, 376/34, IPC. The charges were read over and explained to the accused who pleaded not guilty and claimed trial.