- (1.) As identical questions of law & facts are involved, therefore, I propose to decide the indicated criminal appeals (CRA No.2024-SB of 2003 filed by appellant Kheta Ram) (for brevity "1st appeal") and CRA No.1703- SB of 2003 filed by appellant Malkiat Kaur (for short "2nd appeal"), arising out of the same impugned decision of conviction & order of sentence, by virtue of this common judgment, in order to avoid the repetition.
(2.) The contour of the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant appeals and emanating from the record, as claimed by the prosecution, is that on the fateful day (the actual date of occurrence is not known to the prosecution), the parents of prosecutrix (PW10) (name withheld) had gone to the fields for labour work. She alone was present in the house. Initially, the prosecutrix claimed that at noon time, Upkar Singh son of Amarjit Singh, grandson of Kapoor Singh, Ex-Sarpanch, had entered in her house by scaling over the wall. He dragged her in the room of her house, removed her loose trousers (Salwar) and committed forcible intercourse with her. She raised noise, but he gagged her mouth with his hand. Thereafter, committing forcible rape with her, he went away from there. She did not disclose the occurrence to any one. However, with the passage of time, she started vomiting. As soon as, her mother enquired from her the reason of vomiting, then she disclosed the entire incident to her. Consequently, she made statement (Ex.P12) before ASI Mohinder Singh (PW4). He made his endorsement (Ex.P12/A), which formed the basis of FIR (Ex.P13). In the background of these allegations and in the wake of statement (Ex.P12) of the prosecutrix, the present criminal case was registered against accused Upkar Singh, vide FIR No.149 dated 12.9.2000 (Ex.P13), on accusation of having committed the offences punishable u/ss 376, 506 and 120-B IPC, by the police of Police Station Sadar Khuian Sarwar, District Ferozepur, in the manner depicted here-in-above.
(3.) Sequelly, Upkar Singh did not feel satisfied with the registration of false case against him and his grand father moved an application to SP (Headquarter) in this respect. During the course of inquiry, it was revealed that prosecutrix had leveled false allegations and got registered false case against him under the influence of appellant-convict Malkiat Kaur Ex-Sarpanch, wife of Ranga Singh (for brevity "the appellant") (in 2nd appeal), Balwant Godara and Preet Mohinder on account of their enmity with Kapoor Singh, grandfather of Upkar Singh. Thereafter, SP directed the concerned SHO to take immediate action against appellant Kheta Ram son of Mani Ram (in 1st appeal), appellant Malkiat Kaur (in 2nd appeal) and above mentioned persons.;