RAJ KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 26.7.2006/order of sentence dated 27.7.2006 passed by the Court of learned Additional Sessions Judge, Bathinda, whereby he convicted and sentenced the accused Raj Kumar to undergo rigorous imprisonment for seven years and to pay affine of Rs.3,000/- under Section 376 of IPC and in default of payment offline, to further undergo rigorous imprisonment for six months with a further direction that out of the realized amount of Rs.3,000/-, a sum of Rs.2,500/-will be given to the prosecutor as compensation. Succinctly put, the facts of the prosecution case are that on 17.3.1999, prosecutor X (name of the victim is not being indicated to prevent her social victimization in view of Premia alias Prem Parkash Vs. State of Rajasthan, 2008(4) Recent Criminal Reports (Criminal) 539 (SC), made statement before SI Sher Singh in the terms that "three months prior to the making of her statement, at about 7:30 A.M., she had gone to the fields for answering the call of nature. When she was on her way back to her house and had reached near a room existing in the field of Hari Singh, there the accused Raj Kumar came from the side of Village.

(2.) He was residing with his sister Simla. He overpowered her (prosecutor) by holding her from her arms and gagged her mouth by placing his hand thereon. She was pushed into the room of Hari Singh, where the accused committed rapeon her against her wishes. When she tried to raise alarm, then again the accused put his hand on her mouth. After committing rape, he fled away from the spot. While fleeing, he asked the prosecutor not to disclose about this occurrence to anyone otherwise her parents would be done to death. Being scared, she did not disclose about this occurrence to any family member. The menstruation of her had stopped about 10-12 days prior to recording of her statement. She disclosed about this incident to her auntMeera Devi wife of Brij Lal about 4-5 days before she made the statement.

(3.) She was brought to Dr. Pirthi Chand of their Village at his Clinic at Sardulgarh. Promila wife of the said doctor medically examined her and aborted developing fetus. Thereafter, she was kept at the clinic of Dr.Promila and was discharged on the next day. When she was in her village, she developed pain in her abdomen. She was brought to Primary Health Center, Sardulgarh by her cousin, mother Mango Devi and brother Jagsir.On the basis of this statement, the case was registered. The accused was arrested on 20.3.1999. Pirthi Chand and Promila Devi joined investigation on 21.3.1999 and 29.4.1999 respectively. After completion of investigation, the charge-sheet was laid in the Court for trial of the accused Raj Kumar, Dr. Promila Devi and Dr. Pirthi Chand. Vide his order dated 4.4.2003, the learned Additional Sessions Judge, Bathinda directed that the accused RajKumar be charged under Section 376 of IPC, whereas his co-accused Dr.Pirthi Chand as well as Dr. Promila Devi be charged under Section 313 of IPC.