Passey, J. - (1.) THIS appeal by Vaidya Parkash and No. 94 of 1952 by Uggar Singh arise out of the same judgment of S. Diali Ram, Magistrate 1st Class, Barnala exercising enhanced powers under Section 30, and Criminal Procedure convicting the former under Section 376, I.P.C. and the latter under Sections 366. 376, 392/397, I. P. C. but they were acquitted of robbery and Vidya Parkash was also acquitted of the offence of abduction. Each of them has been awarded seven years' rigorous imprisonment for rape and Uggar Singh has been awarded 5 years' rigorous imprisonment under Section 366 in addition.
(2.) THE facts are these: On (6 -12 -1951 Mt. Surjit Kaur a young woman of 20 years, and her husband Chand Singh left their village Arthurian for village Rama Nandi where the parents of the former reside. A short while after getting down the train at Mansa they boarded a bus which dropped them at village Bajewala which was a mile distant from Rama Nandi. By that time night had set in, but it was a moonlit night. To cover the remaining journey the couple set out on foot and had hardly gone about 200 karams when they were held up by three persons, two of whom were armed with fire -arms, one holding a pistol and the other a pun. One of the offenders caught Chand Singh by the hair oh his head while the other two held Mt. Surjit Kaur. The offender who had put his hands upon Chand Singh threatened him with death if he tried to rescue his wife and did not leave the place. Chand Singh extricated himself from his grip and ran towards his wife to protect her from her assailants. He was handled roughly and driven back to some distance from Mt. Surjit Kaur. It is stated that Uggar Singh was armed with a pistol and Vidya Parkash with a gun. To save her, if he could, he made similar efforts several times but he was thrown back each time. Terrified, perplexed and despaired he rushed to Rama Nandi to inform his father -in -law Lai Singh. Near the place she was caught, all the three accused forcibly subjected Mt. Surjit Kaur to sexual intercourse one alter the other and thereafter one of them, namely, Vidya Parkash went away and Uggar Singh and Anr. whose name was later discovered to be Tuli dacoit took her to his village Nangal. After traveling some distance together, Tuli also went away. On entering Nangal Uggar Singh look Mt. Surjit Kaur to one Sham Singh Chamar and requested him to let them stay at his house for the night. That request was not acceded to, as Sham Singh said that his wife would not agree. A 'choragi' (Ex. P. 3) was, however, lent by him to Uggar Singh. Surjit Kaur was then taken by Uggar Singh to the house of one Gobind Singh and kept there during the night. On the morning following Uggar Singh and Gobind Singh had some drinks and before noon the former had raped Surjit Kaur thrice. Gobind Singh and Uggar Singh left in in the 'Sabat' warning her that she would be put to death if she attempted to escape or raise an alarm. Mt. Narain Kaur, mother of Gobind Singh, locked the entrance door of the house to prevent Mt. Surjit Kaur from stepping out. In Ramanandi Lal Singh, Surjit Kaur's father, on being apprised of her abduction collected some men of his village and set out in pursuit of the offenders. In the meantime help of certain policemen stationed at Bhaman police Chowki had also become available to him. All possible efforts were made to trace out the culprits and rescue her from the clutches of the abductors; but the pursuit party remained unsuccessful. On 7 -12 -1951 Chand Singh left for Mansa Police Station and by 8 A.M. lodged the first information report there. Mehar Singh P. W. 3, Puran Singh, P. W. 4 and some Ors. were with him at that time After informing the police he left for his village Rahtariana which was far away from Mansa, to carry the news of the calamity that had befallen him, to members of his family. After the first Information report had been; recorded, Section I. Gurnam Singh P. W. 11 accompanied by Mehar Singh, Puran Singh and Ors. -left for Ramanandi at 9 A.M. On his way he came across the above referred to pursuit party -One Mohna of village Bajewala, who was with the pursuit party, was interrogated by S.I. Gurnam Singh and thereafter Vidya Parkash was arrested. After putting some questions to Vidya Parkash and taking him with him, the investigating officer left for Nangal and reached the; house of Uggar Singh. On finding that the police -had arrived, Uggar Singh scaled over his wall: and ran away; but was overtaken and captured! by Bhag Singh P.C. and brought back to S.I. Gurnam Singh. On interrogation by the investigating officer, he disclosed that he had concealed Mt. Surjit Kaur in the house of Gobind Singh and that he could get her recovered from that place. S.I. Gurnam Singh recorded his statement. (Ex. PC). Uggar Singh then took him to the house of Gobind Singh of which the entrance door was found locked. Mt. Narain Kaur refused to give the key of the lock upon which it was broken open. Mt. Surjit Kaur was found sitting in a corner of the 'Sabat'. S.I. Gurnam Singh took down her statement and also took into possession the 'Chautahi' (Ex. P. 3) and the 'Chadar' (Ex. P. 4) from a cot -where, according to Mt. Surjit Kaur, rape had been committed upon her by Uggar Singh that morning. Surjit Kaur also made over to the investigating officer her 'Salwar' (Ex. P -l), shirt. (Ex. P -2) which had stains of semen on them.. All the four clothes were sent to the Chemical Examiner whose' opinion has proved that they were semen -soiled. When Mt. Surjit Kaur was; taken out of the Sabat of Gobind Singh, she -had injuries on her person, about which a note -was made by S.I. Gurnam Singh in Ex. PD. Mt. Surjit Kaur was allowed to go with her father but on the following morning she was sent to -Mansa for medical examination. On her hesitation to submit to examination by a male doctor, she was sent to Dr. Joglnder Kaur at Bhatinda. and was examined by her on 9 -12 -1951. Marks of violence on her back, breasts and private parts were found present. (After describing the injuries his Lordship proceeded): The vagina and the vulva were found lacerated. In the opinion of Dr. Joginder Kaur Mt. Surjit Kaur had been raped. Both the Appellants were brought to Mansa. the same day, viz., 7 -12 -1951 and 8 -12 -1951 they . were sent to the judicial lock -up. They were advised to cover their faces, as they would be put up for identification. The advice was lowed. The order of the trial Magistrate dated 8 -12 -1951 shows that when they were produced before him for remand they had their faces covered. On 13 -12 -1951 a test identification parade was held in the Judicial lock up Mansa under the supervision of Section Har Chand Singh, Magistrate 2nd Class. On that day Chand Singh had arrived from his village Rahtriana. Mt. Surjit Kaur picked up both the culprits, while Chand Singh could put his hands correctly upon Vidya Parkash only.
(3.) AFTER completion of the investigation the accused were forwarded for trial with the result as above stated. In proof of their story the prosecution examined Mt. Surjit Kaur, Chand Singh, Puran Singh, Mehar Singh, Sham Singh, Guardia Singh Dr. Joginder Kaur, S. Harchand Singh, . Magistrate 2nd Class and S. Gurnam Singh.;