- (1.) THE appellant/complainant is before us, challenging acquittal of Chhinder Kaur wife of Sukhdev Singh, in a case registered under Section, 363/336 -A of the Indian Penal Code read with Sections 120 -B and 376 of the IPC.
(2.) THE facts of Kumar Naresh N the case are that Gurdeep Kaur, mother of the prosecutrix stated, before the police on 04.11.2011 that her daughter, aged 17 years, is missing since the night of 22.10.2011. She believes that her daughter has been kidnapped by Kuldeep Singh son of Major Singh in connivance with Chhinder Kaur wife of Sukhdev Singh. The statement led to registration of FIR No.115, dated 04.11.2011, under Sections 363/366 -A of the Indian Penal Code, but surprisingly the prosecutrix was recovered from Sukhwinder Singh, her brother in law, who was also cited as an accused but has also been acquitted. The prosecutrix was medico legally examined and on the basis of opinion of the doctor, that she has been subjected to sexual intercourse, offence under Section 376 of the Indian Penal Code, was added. The prosecutrix was produced before a Judicial Magistrate Ist Class, Bathinda, where her statement was recorded under Section 164 Cr.P.C.
(3.) UPON completion of investigation, the police filed a final report and after the matter was committed to the Court of Sessions, charges were framed under Sections 120 -B,366 -A, 120 -B and 376 of the Indian Penal Code but as the accused pleaded not guilty and claimed trial, the prosecution was directed to lead evidence. The prosecution examined the following witnesses: - PW1, the prosecutrix, deposed that Chhinder Kaur, her neighbour, facilitated her meetings with Kuldeep Singh, who met her during the day time on 22.10.2011 and pressurised her into leaving her house. At about 11.00 P.M., Kuldeep Singh allured her on the promise of getting married and taking her abroad. She scaled the rear wall of her house and met Kuldeep Singh, who took her to his house and on the pretext of getting married, committed rape. In the morning, Sukhwinder Singh took her to the fields, where she was again raped on the pretext of getting married. Kuldeep Singh detained her for many days and raped her repeatedly, on the pretext of marriage. On 09.11.2011, at her asking, Kuldeep Singh left her at the house of sister's husband, namely, Sukhwinder Singh, at Mansa Kainchian, from where her mother recovered her and produced her before the police. The prosecutrix admitted that her statement was recorded under Section 164 Cr.P.C., but during cross -examination, by counsel appearing on behalf of Chhinder Kaur admitted that she has not levelled any allegation against Chhinder Kaur in her statement under Section 164 Cr.P.C. Pw3 Gurdeep Kaur wife of Balbir Singh, has deposed in consonance with the statement made before the police. Pw2 Uttam Singh, Teacher of Government Elementary School, Barkandi, proved the date of birth of the prosecutrix. Pw5 Dr. Monica Gupta, Medical Officer, Civil Hospital, Bathinda, medico legally examined the prosecutrix, proved MLR Ex.Pw5/B. Her opinion is as follows: - "As per clinical examination of the patient the possibility of sexual intercourse having taken place can not be ruled out. Final report of Chemical Examiner was awaited. I have seen chemical report Ex.Pw5/F. As per chemical report Spermatozoa were detected in the vaginal swabs". Pw6 Dr. Beant Singh Mann and Pw8 Dr. Gurmail Singh, Medical Officers, Civil Hospital, Bathinda, proved that Kuldeep Singh is capable of performing sexual intercourse. Pw7, is SI Gurdeep Singh, who proved recording of statement Ex.Pw3/A, recorded by Gurdeep Kaur etc. Pw10 ASI Buta Singh, is the Investigating Officer, who proved recoveries, arrest, medical examination, recording of statements of witnesses and statement of the prosecutrix under Section 164 Cr.P.C. Pw12, is HC Paramjit Singh , who proved adding of offence under Section 120 -B of the Indian Penal Code. Pw4 is HC Resham Singh, member of the police party headed by Pw10 ASI Buta Singh and deposed with respect to the recovery memo, search memo etc. Pw9 is ASI Rajwinder Singh, who conducted further investigation particularly relating to the arrest of Kuldeep Singh and Chhinder Kaur.;