B.S.YADAV, J. - (1.) KARAM Singh appellant, resident of village Mairipur, Police Station Sadar Kapurthala, for having committed the offences under Sections 376 and 312 of the Indian Penal Code. The learned trial court acquitted him for the offence under Section 376 but convicted him under Section 312 read with section 511, Indian Penal Code, and sentenced him to undergo rigorous imprisonment for one year.
(2.) THE prosecution story as gathered from the evidence is that P.W. 4 Paramjit Kaur, aged about 13 years, of village Malian was running temperature about 2.1/2 months prior to 5th January, 1980. She went to the clinic of the accused to get medicine. The accused took her to the rear portion of his clinic. After threatening her with a knife he committed rape on her. Thereafter he threatened her that in case she disclosed the incident to anybody he would kill her. Paramjit Kaur returned to her house and did not tell that incident to anybody. On 5th January, 1980 she again went to the clinic of the accused and told him that she was not having menses for the last 2.1/2 months. The accused told her that he would cure her. He took her to the rear portion of his clinic and there gave some injections and with his hands cleaned her uterus and vagina in order to procure abortion. She started bleeding and felt much pain. The accused also administered some medicine to her. She returned to her house. When her bleeding did not stop, she informed her father P.W. 5 Mohinder alias Mohindu and her grandmother. Her father took her with him for lodging the report with the police. At the railway crossing in Pajian, P.W. 9 A.S.I. Hardial Singh met them. Paramjit Kaur made her statement Ex. P.E. before the said officer. After making endorsement Ex. P.E./1 he sent it to the police station Sadar, Kapurthala, for registration of a case and on its basis formal F.I.R. Ex. P.E./2 was recorded by Moharrir Head Constable Atma Singh.
(3.) P .W. 9 A.S.I. Hardial Singh took Paramjit Kaur to Civil Hospital Kapurthala where she was medically examined by PW 2 Dr. Shobha Madan. The said doctor did not find any mark of external injury on the body of Paramjit Kuar. The examination of private parts revealed :- "Public hair present and well-developed. Labia majora and minor were well developed. Fourchetee is torn. Hymen having old tear healed. Bleeding per vagina." P/V Examination revealed : "Admitted two fingers. Cervix downwards. Uterus ante-verted, 12 to 14 weeks old. Internal so closed. Forrices cleaned." Per Spaculum examination revealed :- "Cervix blue. Blood clot at external so present. Ex. PC is the midco-legal report reported by the said doctor in relation to Paramjit Kaur. ;