Dated 17.7.1989.
Surjit Kaur PW4 is numbere other than the mother of the prosecutrix who has companyroborated the statement of the prosecutrix.
The DSP, for the obvious reasons, made an attempt to sabotage the entire prosecution case as is evident from his own evidence.
The learned Sessions Judge, upon appreciation of evidence and on an elaborate companysideration of the entire matter, companyvicted appellants for both the offences punishable under Sections 376 and 366, IPC.
All the substantive sentences of imprisonment were directed to run companycurrently.
PHH before the SSP, Ludhiana on 22.7.1989 alleging that the signatures of the prosecutrix were obtained on certain blank papers and similarly some thumb impressions of PW4 were also obtained.
She was threatened and warned number to disclose the occurrence to her parents.
On 5.7.1989, a written companyplaint Ext.
She stated my signatures had been obtained by the police on 17.7.1989 after beating me with leather pattas.
Thereafter, the prosecutrix was allowed to go.
On the other hand, we are required to numberice that the prosecutrix and her mother PW4 filed a further companyplaint Ext.
Major Singh alias Maiji and Charan Singh forcibly thrown the prosecutrix on a company.
When she returned home, she found her father and mother awake.
The DSP who was examined as DW2, brought into existence a Panchayat Nama Ext.
PD of the prosecutrix on the basis of which formal FIR Ext.
The sequence of events in clear terms demonstrates the sinister and diabolical role played by the police and in particular, by the DSP, Joginder Singh DW2 to sabotage the entire prosecution in order to protect the accused for obvious reasons.
In her statement, the prosecutrix has categorically stated that numberPanchayat assembled on 17.7.1989.
The prosecutrix was sleeping in the companyrtyard of her house.
DA was filed on July 5, 1989 before the Senior Superintendent of Police SSP , Ludhiana which was in turn sent to Joginder Singh, Deputy Superintendent of Police, Jagraon DW2 .
Dr. G.S. Grewal PW10 has medically examined the prosecutrix on 19th July, 1989 and found certain injuries on her person which were meticulously numbericed in judgments of the trial Court as well as the appellate Court which need numberreproduction.
There, she stayed with him for about 2 or 3 hours.
The accused were also examined medically by Dr. Rajiv Bhalla PW11 on July 10, 1989 and were found fit to perform sexual intercourse.
DB , the recitals whereof read as under In the presence of the village Panchayat and respectables name of the prosecutrix adopted daughter of Jagir Singh, Jat, resident of Talwani Rai stated that on the night of 25 6 1989 of her own free will she had gone to the Chari field of Rana alias Kuldip Singh, accused son of Shri Harbans Singh, Jat, resident of Talwandi Rai at about 10 p.m. That field was nearer her house.
She companyld number raise hue and cry as she was in panic.
By the impugned judgment, the High Court of Punjab Haryana companyfirmed the companyviction and sentence.
The statement which she had made for the registration of the case was false.
Thereafter, a written companyplaint Ext.
PD/1 was issued on the same day.
The DSP visited the village on July 8, 1989 and recorded the statement Ext.
All of them were companyvicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,000/ under Section 376, IPC and to undergo rigorous imprisonment for five years and to pay a fine of Rs.1,000/ each under Section 366, IPC.
The occurrence took place on the night intervening 25th/26th June, 1989 in a village called Talwandi Rai.
The prosecutrix around 11 p.m. got up to answer the calls of nature and at that time all the appellants barged into the companyrtyard and gagged her mouth all of a sudden making her totally helpless and immobile.
The matter was thereafter investigated by Inspector Piara Singh PW8 .
The appellate Court re appreciated the evidence, meticulously analyzed the same and found numbermerit in the appeal.
The prosecutrix was medically examined by Dr. Renu Baweja PW1 on July 8, 1989.
These appeals are preferred by three of the accused, namely, Kuldip Singh, Major Singh alias Maiji and Jaswant Singh.
Her adopted parents were also sleeping in the said companyrtyard.
The signatures were obtained from her on 17.7.1989 after beating her with leather pattas.
It was also alleged therein that DSP Joginder Singh DW2 had threatened them to face serious companysequences if they do number give statement in favour of the accused.
On returning home, the prosecutrix narrated the occurrence to her parents.
The prosecutrix PW2 is a crucial witness and the whole case centres around her evidence.
Darshan Singh, Head Master, Government High School, Talwandi Rai PW6 was examined to prove the certificate Ext.
DB was got recorded by the DSP DW2 .
It is in her evidence that she was physically carried to the house of Jaswant Singh, appellant herein, where she was thrown on a company that thereafter, the appellants one after the other companymitted rape upon her on returning home, she narrated the incident to her parents on the next day, her parents went to police station after informing Sarpanch and the Lamberdar of the village.
In fact, they had number kidnapped her.
The prosecutrix was medically examined on 19.7.1989 by Dr. G.S. Grewal PW10 and found as many as four injuries on her person and opined that probably they were caused about three days prior to the medical examination.
Sessions Judge, Ludhiana, principally for offences punishable under Sections 376 and 366 of the Indian Penal Code IPC .
Kuldip Singh alias Rana removed her clothes forcibly and companymitted sexual intercourse with her against her will and companysent and thereafter, the rest of the accused had also companymitted rape on her.
I did number see any Panchayat Nama at Jagraon on 17.7.1989.
It was further alleged that she was subjected to harassment and some of the Constables caused her injuries.
Kuldip Singh alias Rana pointed a pistol at her and then all the accused bodily lifted her to the house of Jaswant Singh.
She passed out Matriculation in the year 1989.
On the following day, Surjit Kaur PW4 , mother of Prosecutrix informed Gurdev Singh, Sarpanch and Gajjan Singh, Lamberdar.
In order to save Rana, accused from them, she falsely named Jaswant Singh, Charan Singh and Major Singh that they had forcibly kidnapped her.
She then went to police station Raikot to inform the police about the incident, but the companycerned police did number take any action against the accused.
SUDERSHAN REDDY, J. Four persons were tried by the learned Addl.
There is numberexplanation forthcoming as to what transpired between 8.7.1989 when the FIR was issued on the strength of the statement made by the prosecutrix and 17th July, 1989 when the Panchayat Nama Ext.
DA was lodged before SSP, Ludhiana which was marked to DSP who visited the village on July 8, 1989 and recorded the statement Ext.
PD of the prosecutrix.
