KANWALJIT SINGH AHLUWALIA, J. - (1.) KAMLESH Rani wife of Veer Chand, as per the prosecution case, was raped by the appellant on 19th August, 1999 at about 9.30 a.m. in village Peerkot. On the next day, i.e. 20th August, 1999 at about 9.00/9.30 a.m., having felt humiliated, she had put herself on fire and committed suicide. She suffered hundred percent second and third degree burns over the whole of her body and as a result thereof, died. The appellant was charged for offences punishable under Sections 376, 306 and 452 IPC by the Court of Additional Sessions Judge, Bathinda and after culmination of the trial he was convicted for these offences vide impugned judgment dated 16th August, 2002. Vide a separate order of even date, the appellant was sentenced to undergo rigorous imprisonment for a period of eight years and to pay a fine of Rs.4,000/-, in default of payment of fine to further undergo rigorous imprisonment for one year under Section 376 IPC. He was further sentenced under Section 306 IPC to undergo rigorous imprisonment for a period of six years and to pay a fine of Rs.4,000/-, in default of payment of fine to further undergo rigorous imprisonment for one year. Under Section 452 IPC, the appellant was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.2,000/-, in default of payment of fine to further undergo rigorous imprisonment for six months.
(2.) ALL the substantive sentences were ordered to run concurrently. To canvass acquittal, all the arguments raised by Mr.T.S. Sangha, Senior Advocate assisted by Mr.Jagjit Singh Lalli, Advocate appearing on behalf of the appellant, revolve around the delay in lodging of the report; whereas the prosecution has demonstrated that the immediate efforts made for registration of the case had borne no fruit and thus, the complainant had to approach this Court to seek registration of the case. Before the brief facts of the case are recapitulated, some stark facts are required to be highlighted. (i) On 19th August, 1999 at about 9.30 a.m. as per the complainant, his wife Kamlesh Rani was subjected to forcible sexual intercourse and on that day her statement was allegedly recorded by SI Iqbal Singh; (ii) On 20th August, 1999 at about 9.00/9.30 a.m. Kamlesh Rani committed suicide and on that day allegedly the statement of Maya Devi PW-4, mother-in-law of deceased Kamlesh Rani, was recorded by SI Mohinder Kumar DW-3; (iii) Statements allegedly recorded by SI Iqbal Singh and SI Mohinder Kumar DW-3 have not seen the light of the day as they are not a part of the record. Complainant Veer Chand PW-2 got a complaint Ex.PD and Ex.PD/1 typed from a typist in the Court Complex at Bathinda and had sent the same to Senior Superintendent of Police, Bathinda. No action was taken upon the same and the complainant had to knock the doors of this Court by filing Criminal Misc. No.M-31513 of 1999 and it was only when the orders were passed by a learned Single Judge of this Court on 3rd December, 1999, formal FIR Ex.PE/2 was registered on 31st December, 1999 at Police Station Rampura under Sections 452, 376 and 306 IPC.
(3.) IN the context of above facts, this Court will have to determine as to whether the delay has any bearing; whether delay has been explained; or delay was used for consultations and deliberations to concoct a false version. These, being the crucial questions, require narration of facts as they emerge in the complaint Ex.PD submitted by complainant Veer Chand PW-2 to Senior Superintendent of Police, Bathinda.;