STATE OF PUNJAB Vs. SOM RAJ

JUDGEMENT

(1.) This appeal has been preferred by the State against acquittal of the respondent of the charge under Ss. 376/452/354/511 IPC.

(2.) Case of the prosecution is that the prosecutrix 'K' PW 4 was present in the house of her sister at Sujanpur, where marriage of her sister's daughter was being performed. Her father was sleeping in a separate room and she was sleeping in another room. At 11 PM, the accused -respondent entered her room, put his hands on her mouth, broke open the string of her 'salwar' and committed rape. He gave a teeth bite on her breast and arms. She raised alarm which attracted her father. Her sister also returned from the place of marriage. The accused ran away from the spot. Her mother returned to the house on 15.4.1993 at 7/8 PM as she had gone to the house of in -laws of Geeta Devi. On 16.4.1993, she accompanied by her father and others was going to the Police Station and made her statement Ex. PC before SI Kashmir Singh PW 6, who met them on the way at Bridge No. 4. SI Kashmir Singh PW 6 recorded the statements of the persons present on the spot. He inspected the spot, prepared rough site plan and sent the prosecutrix for medical examination. Part of investigation was thereafter completed by SI Balbir Singh PW 3, who arrested the accused and got him medically examined.

(3.) The prosecutrix was medically examined by Dr. Jaspal Kaur PW 1, who made following observations: