AMRIK SINGH ALIAS KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED -appellant Amrik Singh (hereinafter referred to as 'the accused') faced trial for committing rape on the prosecutrix (name not disclosed), a child of five years of age, on 4.3.2001. Consequently, the accused was convicted by the learned Additional Sessions Judge, Gurdaspur vide its judgment dated 27.2.2003, and sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 5000/-. In default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) THE allegations as per statement Ex.PA made by Mohinder Singh @ Gola son of Pritam Singh, before SHO Bachittar Singh, are that on 4.3.2001, his son Jagga and the prosecutrix were playing in the street. After some time, on coming to know that the accused had taken both the children to the fields while alluring them with biscuits. He along with Bhupinder Singh, member Panchayat went towards the fields. When they reached near the wheat field, they saw accused committing rape upon the prosecutrix. On seeing them, he fled away from the spot. Blood was oozing from the private part of the prosecutrix.

(3.) CONSEQUENTLY , charge under Section 376 IPC was framed against the accused to which he pleaded not guilty and claimed trial.