- (1.) The appeal i.e. CRA-S No. 1096-SB of 2013, titled as "Gurtinder Singh @ Soni v. State of Punjab" and the revision petition i.e. CRR No. 2317 of 2013, titled as "Harpreet Kaur v. State of Punjab and another", are being disposed of by the common judgment. Appellant, namely, Gurtinder Singh @ Soni, has filed this appeal against the judgment of conviction and order of sentence dated 19.02.2013, passed by the learned Additional Sessions Judge (Ad hoc) Fast Track Court, Hoshiarpur, vide which the appellant was convicted and sentenced under Sections 363, 376, 506 and 509 of Indian Penal Code and Section 67-A of Information Technology Act. The prosecutrix, too, has filed Criminal Revision No. 2317 of 2013 for enhancement of the sentence. Both the cases are being disposed of by this judgment. The brief facts of the case in hand, recorded by the learned trial Court are that, on 28.04.2010 an application No. 1023-SSP dated 28.04.2010, was moved by prosecutrix daughter of Tarsem Singh resident of Muardpur Guru, Police Station Bullowal, District Hoshiarpur in the office of SSP, Hoshiarpur, wherein it was stated that the accused used to come to her house and he was in then need of money. At about one and half and two years back the accused had borrowed Rs. 10,000/- from the mother of prosecutrix but despite repeated requests he did not return the amount to the mother of the prosecutrix. When the mother of the prosecutrix put pressure on him he misbehaved with her mother. The prosecutrix was minor in the year 2009 and she was 17 years old and a student of 10+1. She had gone to Baghpur for studying where the accused met him and on the pretext of returning the amount after taking the same from the brother of the accused, he took her to a house which was located in an isolated area. The house was lying vacant and in that house accused committed rape with the prosecutrix and after committing rape, he threatened prosecutrix that if she dared to disclose it to anybody he would kill her brother and her widow mother. Due to these threats the prosecutrix did not disclose anything to her mother and other members of the family and by taking the benefit of this fact accused used to commit rape with her after giving threats to her. During that period accused also made a blue CD of the prosecutrix and the prosecutrix was not aware of it. When the prosecutrix realized that the accused is crossing all limits, she narrated whole incident to her mother. Thereafter, the prosecutrix refused to accompany the accused, on which the accused threatened her that he has made her blue CD and if she would not fulfil his demand he would lower the reputation of prosecutrix and her family by distributing the CD in the village and the accused also threw a copy of the CD in the house of the prosecutrix. When this fact came to the knowledge of the prosecutrix, she made an application in the office of SSP, Hoshiarpur on 18.11.2009, which was marked to SHO Police Station Hariana but despite several visits by the prosecutrix and her mother to Police Station Hariana, no action was taken by the police on the above said application. Prosecutrix stated that the accused is still at large and he is threatening to kill the prosecutrix and her brother or to throw acid on the face of the prosecutrix, if she tries to take the help of the police. Due to these threats the family of the prosecutrix is under great pressure and the accused can cause physical damage to the family of the accused at any time. If any injury is caused by the accused to the body or reputation of the prosecutrix or her family, the administration will be responsible for it. She stated that now the prosecutrix has become major and the accused is lowering her reputation in the society and also threatening to kill her or to throw acid on her face. Hence, the request for registration of case was made. Request for giving justice and providing protection to the family of the prosecutrix was made at the end of the complaint. It was enquired by DSP Mohinder Singh, Special Branch, Hoshiarpur and he made recommendations for registration of FIR an on the directions of SSP, Hosiarpur, the present FIR was registered in Police Station Bullowal. Initially, the matter was investigated by ASI Narinder Singh and the prosecutrix was got medically examined in Govt. Hospital, Hoshiarpur and her statement under Section 164 Cr.P.C., was got recorded in the Court of Mrs. Neetika Verma, Judicial Magistrate 1st Class, Hoshiarpur. On 14.06.2011, prosecutrix identified the house where the accused committed rape with her. She produced her birth certificate before Harinder pal Singh Parmar, DSP (R). On 30.06.2011, accused Gurtinder Singh alias Sonu was arrested. During interrogation, accused made a disclosure statement that on 15.04.2009, he along with Simaranjit Singh alias Munga son of his paternal uncle Kulwant Singh resident of Bassi Kasso took prosecutrix Harpreet Kaur to a lonely house and a video was made by Simaranjit Singh through his mobile and the CDs were also got prepared by him but he removed SIM card and memory card from the phone. On the basis of this disclosure statement Simranjit Singh alias Munga was also added as an accused in the present case. Mobile phone has already been recovered. After completion of the investigation, the challan under Section 173 Cr.P.C., was presented wherein it was mentioned that accused Simranjit Singh alias Munga had not yet been arrested. Statements of witnesses were recorded.
(2.) After completion of investigation, the challan against the accused-appellant was presented before the Committing Court. Since, the offence was triable by the Court of Sessions, therefore, the case was committed by the Committing Court to the Court of learned Sessions Judge for trial vide order dated 21.10.2011.
(3.) Thereafter, charge under Sections 363, 366-A, 376, 292, 506 and 509 of Indian Penal Code was framed against the accused-appellant to which he pleaded not guilty and claimed trial.;