- (1.) This order of mine shall dispose of Criminal Appeal No. 922-SB of 1998 and Criminal Revision bearing No. 37 of 1999, which have arisen out of the judgment dated 26.8.1998 passed by Additional Sessions Judge, Mansa, whereby he convicted and sentenced the accused-appellant Paramjit Singh as under: Under Section 376(2)(C) IPC. RI for a period of 10 years and to pay a fine of Rs. 1000/-. In default of payment of fine, to undergo further RI for a period of two months. Under Section 342 IPC RI for a period of six months and to pay a fine of Rs. 300/-. In default of payment of fine to undergo further RI for one month. Under Section 506 IPC RI for a period of one year and to pay a fine of Rs. 500/-. In default of payment of fine to undergo further RI for one month. All the substantive sentences were ordered to run concurrently.
(2.) In brief, the facts of the case are that Sukhdev Singh son of Bachan Singh, resident of Village Khokher Kalan, Tehsil and District Mansa suffered a statement Ex.PD, before the police wherein he stated that he has one son and two daughters. His eldest daughter Inderjit Kaur(hereinafter to be referred to as the prosecutrix) aged about 15 years was studying in 8th class in Khokher Kalan High School. Paramjit Singh accused was the Incharge of the said class. He was maintaining his residence at Mansa. It was on 20.05.1997 at about 2 P.M. when the school was closed, Paramjit Singh accused asked Inderjit Kaur that after keeping her basta in the house, she should bring some ice. The prosecutrix after leaving her bag at the house at about 2.30 PM took the ice to a separate room of the accused allotted to him in the High School. It is alleged that in that room some sports goods and Diwan were also lying there. At that time Lal Singh, Member Panchayat and Sukhdev Singh son of Labh Singh, residents of Village Khokher Kalan were sitting on the culvert of the distributary and they saw the prosecutrix entering the room of the accused in the school premises. When the prosecutrix did not return back for about half an hour, they went to the school and knocked the door of the room of the accused. The accused open the door of the room to a little extent and went out. While leaving the room he locked the same from outside. On hearing the voice of Lal Singh and Sukhdev Singh, the prosecutrix raised alarm that she be saved. Both Lal Singh and Sukhdev Singh then broke open the lock and took out the prosecutrix and she was brought to her house. At the house she narrated the occurrence to her father that the accused under the influence of liquor called her to the room to bring ice and committed the act of coitus without her consent and threatend her that if she disclosed this incident to any one she would be done to death. The matter was brought to the notice of the Panchayat but no action was taken. Thereafter a report was lodged with the police. The statement which was made before the police by the complainant was read over and explained to him who after admitting the same to be true and correct, appended his signatures thereon. On the basis of the said statement, the Sub Inspector made endorsement thereon and got the first information report lodged with the police. After the recording of the FIR, Avtar Singh Sub Inspector went to the place of occurrence; prepared the visual site plan and collected material from the spot vide various recovery memos. He recorded the statements of the witnesses. The prosecutrix was sent to Dr. Jaswinder Kaur, who medico legally examined the prosecutrix and found that she was subjected to sexual intercourse. On 24.5.1997 Dr. Vikas Kumar Singla of Civil Hospital, Mansa medico legally examined the accused and opined that there was nothing to suggest that the accused was unable to perform the sexual intercourse. After the completion of the investigation of the case, challan against the accused was presented in the Court.
(3.) After going through the report under Section 173 of the Code of Criminal Procedure, charge under Sections 376(2)(c), 342 and 506 of the Indian Penal Code was framed against the accused, to which he pleaded not guilty and claimed trial.;