MEHTAB S.GILL, J. - (1.) THIS is an appeal against the judgment/order of the Additional Sessions Judge, Barnala whereby he convicted Mahant Sewa Dass Chela Baba Inder Dass under Section 376 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 5,000/- and in default, to further undergo RI for 2 years.
(2.) THE prosecution case is unfolded by the statement of Binder Kaur made to SI Satwant Singh. Binder Kaur stated that she was married to Gulzar Singh resident of Village Chohanke Khurd. Out of this wedlock they had three children. Her son Sukhpreet Singh was aged 11 years. Lakhbir Kaur alias Lakhi was younger to him. Lachmi aged about 6 years was the youngest. They did not have any agricultural land. Lakhbir Kaur alias Lakhi was aged 8/9 years. About 9 years back, her husband Gulzar Singh came to Dera Baba Inder Dass Tapa, where Gulzar Singh was employed as paid worker for cultivation and also for looking after the cattle. After some time Mahant Sewa Dass asked Gulzar Singh to bring his family. After about six months Gulzar Singh brought his family. Mahant Sewa Dass got constructed a residential room on the Bhatinda- Barnala road in front of the Dera. About six months from the date of this occurrence Mahant Sewa Dass asked Binder Kaur and her husband Gulzar Singh to leave their daughter Lakhi with him in the Dera, with the assurance that he would get her educated. Binder Kaur and Gulzar Singh handed over their daughter to Mahant Sewa Dass since he was a saint. At night Lakhi used to reside with Mahant Sewa Dass in the Dera and in the day she used to visit her parents. About one week back, her daughter Lakhi came to their house weeping and told her mother Ranjit Kaur, that during the last one month, Baba Muni Dass who slept in the Chaubara (upper room of the storey), made her to sleep with him on the bedding spread on the ground. He used to remove her Salwar with his own hands and take off his clothes and committed rape with her, by threatening her and also used to kiss her. Due to this she was suffering from pain in her private part. But due to fear, she used to keep mum at that time. Thereafter Binder Kaur narrated the incident to her husband Gulzar Singh. Due to fear and also being poor persons, they took Lakhi to their parental village in village Maur Maksudan, where Binder Kaur and her mother gave treatment to Lakhi at home. This was done to save their honour. On seeing the condition of her daughter deteriorating, Binder Kaur along with her husband Gulzar Singh and her grand-father Narain Singh went to police station and lodged a report. She further stated that Mahant Sewa Dass Muni of Tapa committed rape with her daughter Lakhi forcibly. D.D.R. No. 16 dated 27.5.2001 was recorded at 3 p.m. On the basis of this statement, FIR Ex. PB, dated 27.5.2001 came into existence. Special report was sent to the A.C.J.M. on the same day at 6.40 p.m.
(3.) THE prosecution to prove its case, brought into the witness-box Lakhwinder Kaur PW-1, Binder Kaur PW-2, Gurtej Singh PW-3, Manjit Kaur PW-4, Dev Raj PW- 5, Dr. Asha Gupta PW-6, Dr. Narinder Singh PW-7, Inspector Satwant Singh PW-8, Avtar Singh PW-9, Shimla Mittal PW-10 and Dr. Amandeep Singh PW-11.;