The appellants wife also used to pay visits to Paramjit Kaurs house.
Nothing was elicited to discredit her evidence.
The prosecutrix had, however, never been to the house of Sanjha Ram her cross examination an attempt was made on behalf of the accused to elicit from her if there was any animosity or litigation between Dalip Singh on the one side and Shingara Singh and Anokh Singh on the other but Paramjit Kaur expressed her ignorance about, it.
In the doctors opinion the healing process of the hymen was going on.
The prosecutrix appeared as P.W. 3 and narrated the whole story in a straightforward manner.
The Sub Tnspector, on meeting this party, recorded the statement of the prosecutrix and of the other witnesses accompanying her.
In the lady doctors opinion rape had been companymitted on her about three or four days prior to the examination.
Sanjha raped her even in the sugarcane field.
Gurcharan Singh, according to this witness went to Rohtak on November 23.
633 of 1968.
In the meantime, when Paramjit Kaur did number return home on November 26, 1967, her uncle, Shingara Singh, her father Avtar Singh and some others began searching for her in their village and also in the other near by villages.
But she declined to eat anything.
Colonel from the Army has deposed about the circumstances, in which at about 11.30 a.m. on November 29, 1967, he and others, when companysidering their future companyrse of action and plan for making further search for Paramjit Kaur, learnt from Anokh Singh about the presence of someone in the sugarcane field of Gurcharan Singh and on going there found Paramjit Kaur and Sanjha Ram.
On reaching Dalip Singhs house she was handed over to him.
The same day viz November 29, Anokhi Singh P.W. 6 felt the presence of some persons in Gurcharan Singh, appellants sugarcane field which is near to his own sugarcane field and companyveyed this information to Col.
Sanjha Ram was companyvicted under s. 376, I.P.C. and sentenced to rigorous imprisonment for four years and a fine of Rs.
She wept when she narrated the story.
Harnam Singh, P.W. 4 .
The substantive sentences were to run companycurrently.
The Sessions Judge was satisfied that Bir Kumar was a companypetent witness and his statement struck us as being rue.
The appellant threatened Paramjit Kaur with a pistol and took her to his fields outside the village and in the room where his tube well Machine was installed he companymitted rape on her twice.
1 1958 S.C. 143.
363/366, I.P.C. Suspicion was cast in the F.I.R. on Dalip Singh, his son Trilok Singh, his wife Surjit Kaur, Gurcharan Singh, appellant and his wife because Paramjit Kaur used to go to their house which was located in the neighborhood.
She was cross examined at great length but her credibility remained unshaken.
On appeal a learned single Judge of the Punjab and Haryana High Court upheld these companyvictions and sentences.
200, with further rigorous imprisonment for six months in the event of default in payment of fine.
By then it had grown dark.
Thereupon Col.
Harnam Singh P.W. 4 who is a Sarpanch and a retired Lt.
Paramjit Kaur was got examined by lady doctor K. Kaushalya, Medical Officer, Civil Hospital, Karnal at about 7 p.m. who found a tear on the posterior margin of her hymen which bled on examination.
366 and 376, I.P.C. The trial companyrt acquitted Phullan and Surjit Kaur but companyvicted Gurcharan Singh, appellant, under ss.
The substantive sentences were to run companycurrently.
The latter tried to escape, but was secured.
The main challenge on behalf of the appellant has been that this Harnam Singh has enmity with the appellant and that he has been instrumental in falsely implicating the appellant in this case.
Having failed in their search, first information report was lodged on the morning of November 29, 1967 by Shingara Singh, younger brother of Avtar Singh, with the police station Ladwa, about two miles away from village Nawarsi, where Paramjit Kaur resided with her parents.
Paramjit Kaur and Sanjha Ram were then taken to the police station Ladwa.
The whole night she was kept in that room where the appellant and Sanjha Ram both companymitted rape on her.
Sanjha Ram used to take Paramjit Kaur to the sugarcane field during day time and bring her back to the room during the night.
On the following morning the appellant left her in the custody of Sanjha Ram with a direction that some customer should be found for her.
On the way they met S.I. Balwant Singh, who was companying to village Nawarsi for investigation pursuant to the information lodged by Shingara Singh, uncle if the prosecutrix.
200, with further rigorous imprisonment for six months in case of default in payment of fine.
Paramjit Kaur narrated the whole story of what had happened since the evening of November 26, 1967.
The marriage party arrived at Rohtak on 24th and departed on the evening of 25th.
On the 26th the appellants son who is stated to be mentally deranged was to be examined by Dr. Vidya Sagar in the Medical College Hospital, Rohtak and the appellant is stated to have returned to Rohtak on November 27 without his son being examined by Dr. Vidya Sagar who happened to be on leave.
Bal Rai Trika, N. S. Das Behl and Sat Pal Arora, for the appellant.
200 with further rigorous imprisonment for six months in the event of default.
Surjit Kaur and under the latter section to, rigorous imprisonment for four Sessions Judge, Kamal on charges under ss.
366 and 376, P.C. sentencing him under the former section to rigorous imprisonment for three years and under the latter section to rigorous imprisonment for four years and fine of Rs.
Harbans Singh and R. N. Sachthey, for the respondent.
Harnam Singh, along with Jagjit Singh, Gian Singh, Rachpal Singh Chima, Rachhpal Singh Nagra, Gian Chand, Kishan Singh and Anokh Singh, the informant, went to the sugarcane field of Gurcharan Singh, where, they saw Paramjit Kaur and Sanjha Ram.
CRIMINAL APPELLATE JURISDICTION Cr.
In the present case Paramjit Kaur stated to Hamam Singh W. 4 as soon as he and his companypanions found her in the appellants sugarcane field as to how she had been abducted andhow the appellant and Sanjha Ram had companymitted rape on her.
The appellant Gurcharan Singh, his ser vant Shri Sanjha Ram, Dalip Singh, his wife Smt.
The prosecution story, as upheld by both the learned Sessions Judge and the High Court, is that Smt.
After a companyple of hours Sanjha Ram arrived there.
Thus induced the prosecutrix was taken to Dalip Singh and handed over to him.
November 26 of her own accord and had herself returned home on the 28th.
232 of 1969.
Appeal by special leave from the judgment and order dated November 28, 1968 of the Punjab Haryana High Court at Chandigarh, in Criminal Appeal No.
A. No.
The offence mentioned in the F.I.R. was under ss.
Gurcharan Singh, appellant, with whom alone we are companycerned in this appeal was charged with companymission of offences under ss.
Her statement suggesting slight exaggeration with respect tothreats shown to her by Dalip Singh and by the appellant doesriot affect the truth of her testimony on the real material point.
She also examined her for finding her age.
She also denied the suggestion that she had gone out on.
The appellant is said to have stayed on there for the night of the 25th.
The recovery of the prosecutrix and Sanjha Ram from the appellants sugarcane field, her companyplaint to Harnam Singh and others about the abduction and rape and the later recovery of some broken pieces of banglesfrom the said field and the medical evidence, in our opinion, fully companyroborate the testimony of the prosecutrix which even without companyroboration seems to us to be impressive enough torender it safe for sustaining the appellants companyviction.
Surjit Kaur wanted to sell those clothes.
She, was clearly under 16 years.
On the evening of November 26 Paramjit Kaur who, like all young girls, was fond of nice clothes, was induced by Surjit Kaur, wife of Dalip Singh to go with her to see new clothe.
The Judgment of the Court was delivered by DUA, J. This is an appeal by special leave under Art.
366, 368 and 376, Indian Penal Code.
2 1971 3 S.C.C. 927.
She had off and on been going to the house of Gurcharan Singh, appellant, during the last four or five years and also borrowing odd articles from the appellants wife.
Nothing at all has been elicited from, her lengthy cross examination by more than one defence companynsel so as to shake her credibility.
Paramajit Kaur prosecutrix , a young girl under 16 years of age, whose father Avtar Singh, had served in the Army from 1947 to 1967 and was, according to the High Court, a man of meagre means went out in the evening of November 26, 1967 to case herself.
The appellant then went away leaving Paramjit Kaur in Sanjha Rams custody.
A companymon village girl of less than 16 years that she is, due allowance must be made for the statement elicited from her incourt during cross examination by companynsel or the defence.
Dalip Singh threatened her with a knife and asked her to accompany him.
Lady doctor K. Kaushalyas statement recorded in the companymitting magistrates companyrt was brought on the record of the Sessions Court where she was also further examined and cross examined.
Her recovery virtually from the custody of Sanjha Ram has been proved number only by Harnam Singh P W4 but also by Pyara Singh P.W. 5 and Anokh Singh P.W. 6 and we do number find any companyent ground for doubting this part of the prosecution case.
He was also companyvicted under s. 368,I.P.C. and sentenced to rigorous imprisonment for two years.
According to both Dr. Sardana and Dr. Kaushalya the age of the prosecutrix companyld be between 15 and 16 years.
Dalip Singh was companyvicted under s. 366, I.P.C. and sentenced to rigorous imprisonment for three years and fine of Rs.
He took her to the appellants baithak sitting room closeby and after handing her over to the appellant, Dalip Singh went away.
When she was returning home Surjit Kaur and Phullan met her and induced her to visit Dalip Singhs house so that she may be given nice clothes.
During the appellants absence Sanjha Rain also companymitted rape on After sometime the appellant returned with a bedding and food for Paramjit Kaur.
X ray examination for determining the age of the prosecutrix was also taken by Dr. L. R. Sardana, Radiologist in the same hospital.
