- (1.) Convict Sukhdev Singh has filed the instant criminal appeal to challenge his conviction and sentence ordered by learned Additional Sessions Judge, Kapurthala, vide judgment and order dated 13.03.2006, whereby the appellant stands convicted under Section 376 of the Indian Penal Code (in short -- IPC) and sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs.1,000/- and in default thereof, to undergo further rigorous imprisonment for three months.
(2.) Prosecution case may briefly be stated as under:- Prosecutrix (name not being mentioned) wife of complainant Sadhu Singh was suffering from cancer. Surjan Singh told the complainant that accused Sukhdev Singh could cure the prosecutrix. Accordingly, Surjan Singh brought the accused to the house of the complainant. The complainant paid Rs.150/- for bringing medicines to the accused, as desired by him. Thereafter, on 07.09.1996, complainant, who was working as Granthi in Village Gurudwara, had gone to the house of Bhupinder Singh to recite Guru Granth Sahib. In his absence, Sukhdev Singh and his brother Hardev Singh came to the complainant's house. The complainant came back to his house and found that the accused was committing rape on complainant's wife, who was raising alarm, whereas the other person was sitting there. On seeing the complainant, both of them ran away. The prosecutrix told the complainant that the other person had also committed rape on her and thereafter, the accused was committing rape on her. The complainant lodged FIR by making statement to the police. Prosecutrix was got medico-legally examined. Rough site plan of the place of occurrence was prepared. Statements of witnesses were recorded. During investigation, one Santokh Singh stated that he had overheard Sukhdev Singh accused and Hardev Singh accused talking with each other that they had committed sin by committing rape on the prosecutrix. Hardev Singh also made extra-judicial confession to this effect before Bhupinder Singh -- Member Panchayat on 13.09.1996. Bhupinder Singh accordingly produced Hardev Singh before the police. He was arrested and put to trial and was convicted vide judgment dated 11.05.1998. However, accused Sukhdev Singh absconded and was declared Proclaimed Offender. Ultimately, Sukhdev Singh was arrested on 12.04.2004. He was medico-legally examined. After completion of investigation, report under Section 173 of the Code of Criminal Procedure (in short -- Cr.P.C.) was presented for trial of accused Sukhdev Singh under Sections 376 and 452 IPC.
(3.) Charge under Section 376 IPC was framed against the accused. He pleaded not guilty and claimed trial. To prove its case, the prosecution examined 11 witnesses. Apar Singh (PW-1) stated that salwar of the prosecutrix was sealed into parcel and seized by the police. SI Ram Lubhaya (PW-2) stated about part investigation of the case conducted by him.;