GURDEEP SINGH Vs. STATE

JUDGEMENT

(1.) THE Sessions Judge of Ganganagar by his order dated the 16th of October, 1959, has referred the appeal filed by Gurdip Singh and Hardip Singh in his court against the judgment of the Assistant Sessions Judge, Ganganagar dated the 29th September, 1959, for decision. This has been registered as Cr. Reference No. 310 of 1959. Both the accused have also filed a revision application in this Court which has been registered as Cr. Revision No. 368 of 1959. THE Assistant Sessions Judge, Ganga Nagar has convicted both the accused under sec. 376 read with sec. 511 I. P. C. and each of them has been sentenced to three years' rigorous imprisonment and a fine of Rs. 100/-, in default of payment of fine, to undergo simple imprisonment for three months. He held that both the accused attempted rape on Mst. Harkaur, widow of Bagasingh on the 1st of May, 1959, at about 8 P. M. Mst. Harkaur resided at Chak 28-ML and she had gone to the town of Raisinghnagar from her village to make certain purchases on the date of the incident. She returned by the last bus which started from Raisinghnagar to Ganguwalan Jatan where she had to alight in order to go to her village. THE prosecution case is that after she had alighted at Ganguwalan Jatan, Jogendra Singh (P. W. 5) who resided in Chak 14-ML. , got her seated in the trolley of the tractor of the accused which was going towards village Ganguwalan Sikhan from where her village was at a short distance. This he did at the request of Mst. Harkaur so that she may not have to walk over all the distance from village Ganguwalan Jatan to her own village. This happened at about 7 or 7-30 P. M. THE two accused are brothers, Gurdip Singh being the elder, and Hardip Singh being the younger. When the tractor started, Hardip Singh was driving it and Gurdip Singh sat with the lady in the trolley. As soon as the tractor passed the school which was at a little distance from village Ganguwalan Jatan, Gurdip Singh started misbehaving with the lady and in spite of her protests made her naked after pulling out her salwar which he placed in the trolley. He committed rape upon her. THEreafter, the prosecution case is that Gurdip Singh went at the driving post to drive tractor and Hardip Singh come in the trolley and committed rape on her. When the tractor reached a place called Mogha of Ramawali, Swam Singh (P. W. 6) heard the noise in the trolley and he challenged the accused. THE accused slowed the tractor and pushed out the lady so that she fell on the ground. Her salwar and shoes remained in the trolley. THE accused then drove away the tractor. THE lady was naked at that time and Swam Singh gave her his chaddar to cover herself and she was taken to village Ganguwalan Sikhan where he resided. She remained there at his house the whole of the night and she was sent to her own village with his partner. THEre she informed his son Gurdayal Singh how she had been raped by the accused. He took her to Police Station Muklawa ( District Ganganagar) where first information report was lodged at 10. 00 A. M. on the 2nd of May, 1959. In the first information report, the whole of the incident narrated above has been detailed. THE lady was sent for medical examination to the hospital at Ganganagar where she was examined on the 3rd of May, 1959, at 9-00 A. M. She had the following injuries on her person : - (1) Abrasion l" x 1/4" on left shoulder ; (2) Abrasion l" x 1/8" over left buttock upper part ; (3) Scratch 1" long right buttock ; (4) Abrasion 1/2" x 1/2" right thigh middle and outer one-third ; (5) Scratch 1/2" long left thigh inner aspect upper one-third ; In the opinion of the doctor, all the injuries were simple and were of the duration between 24 to 48 hours. Her private parts, were examined. On internal examination, the doctor found genitals painful, labia majora and minor both congested and swollen. Swab was taken for spermatozoa from vagina but no spermatozoa were detected, but there were a fair number of R. B. C. and pus cells. THE Police arrested the accused on the 4th of May, 1959, at their village. On that very day, Prakash Singh (P. W. 8), Head Constable of Muklawa Police Station recovered at the instance of Gurdip Singh one salwar and one pair of shoes from the bushes standing at the boundary of Square No. 51 in village 48 R. B. which belonged to Pala Singh. THE truck with the trolley was also seized by the Police on the 4th of May, 1959.

(2.) THE accused were challaned before the First Class Magistrate, Raisinghnagar. THE learned Magistrate recorded the statement of both the accused. Hardip Singh refused to reply to any of the question put by the Magistrate and so did Gurdip Singh. Gurdip Singh, however, stated that the witnesses of the prosecution had stated against him on account of party feelings. THEy were committed to stand their trial before {he Sessions Judge, Ganganagar. THE learned Assistant Sessions Judge, Ganganagar believed the prosecution evidence, but held that in view of the medical report, it would be safe to convict the accused only for the offence of attempt to commit rape. He, therefore, convicted the accused under sec. 376/511 I. P. C. and sentenced each of them as aforesaid.