SATPAL ALIAS SATNAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The above-named accused-appellant has preferred this appeal from Jail against the judgment and order dated 21-8-1999 passed by the learned Special Additional Sessions Judge (Women Atrocities) Court, Sri Ganganagar, in Sessions Case No. 16/98 by which he convicted the accused-appellant for the offence under Section 376, I.P.C. and sentenced to 7 years' R.I. and a fine of Rs. 2,000/-, in default of payment of fine, to undergo 6 months' R.I.

(2.) It arises in the following circumstances :- P.W. 2 Mukhtiyar Singh lodged a report Ex. P/4 in the Police Station, Gharsana district Sri Ganganagar on 9-9-1997 before PW-8 Jeewan Ram, S.H.O. Police Station Gharsana stating inter alia that he and his son Sukhvinder Singh and brother Sucha Singh went to Baba Ram Deo Mela on 31-8-1997, and, when they were there, his younger brother Sukh Deo Singh, PW-4 came there and informed that in the evening of 4-9-1997 at about 5.30 p.m. when his daughter PW-1 Baljeet Kaur was cutting grass in the field, accused appellant came there and caught hold of her hands and put her on the ground and after pressing her mouth, he opened the nada of her salwar and committed rape on her. When PW-1 Baljeet Kaur cried, PW-4, Sukh Deo Singh, younger brother of PW-2 Mukhtiyar Singh and Bhabhee of PW-2 Mukhtiyar Singh reached on the spot and on seeing them, the accused-appellant ran away. It is further stated by PW-2 Mukhtiyar Singh in his report that he reached at his house on 8-9-1997 and thereafter he was also informed about the incident by his daughter PW-1 Baljeet Kaur and wife PW-3 Balvinder Kaur and then, the report has been lodged. On this report, the police registered a case and chalked out the FIR and started investigation. During investigation, site plan Ex. P1 was prepared and Salwar was seized through Ex. P.2 and some pieces of broken bangles were also seized through Ex. P.3 and accused-appellant was medically examined and his Medical Report is Ex. P. 7 regarding potency. PW-1 Baljeet Kaur was also medically examined by PW-9 Dr. Chandra Bhan Middha and her Medical Report is Ex. P 13. After usual investigation, a challan was filed against the accused-appellant for the offence under Section 376, I.P.C. in the Court of Magistrate from where the case was committed to the Court of Session. The learned Special Additional Sessions Judge (Women Atrocities), Sri Ganganagar, vide his order dated 31-3-1998 framed charge for the offence under Section 376, I.P.C. against the accused-appellant, who pleaded not guilty and claimed for trial. In support of its case, the prosecution examined as many as 9 witnesses and exhibited some documents and thereafter, the statement of accused-appellant under Section 313, Cr.P.C. was recorded. After completion of trial, the learned Special Additional Sessions Judge (Women Atrocities), Sri Ganganagar vide his judgment and order dated 21-8-1999 convicted the accused-appellant under Section 376, I.P.C. and sentenced as stated above, holding inter alia :-

(3.) In this appeal, the learned Amicus Curiae for the accused-appellant has made the the following submissions :-