T.P.S.MANN,J. - (1.) The appellant was tried for committing offences punishable under Sections 376 and 506 IPC on the allegations that on 6.5.2000 at about 11.00 a.m., he committed rape upon the prosecutrix, aged seventeen years and also criminally intimidated her. Vide judgment and order dated 13/14.11.2003, learned Additional Sessions Judge, Chandigarh, convicted him under Section 376 IPC and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs.500/- and in default of payment of fine, to further undergo rigorous imprisonment for three months. He was, however, acquitted of the charge under Section 506 IPC.
(2.) Aggrieved of his conviction and sentence, the appellant filed the present appeal, which was admitted on 8.1.2004. Subsequently, on 22.7.2004, he was granted the concession of bail.
(3.) The case of the prosecution, in nutshell, is that the prosecutrix had been serving as maid servant with complainant Surinder Kaur for the last six years. The complainant had arranged 'Akhand Path' at her residence on 5.5.2000. The Bhog ceremony was to be performed on 7.5.2000 at 10.00 a.m. Pathies (persons who recite Guru Garanth Sahib during the 'Akhand Path'), were provided one room on 1st floor for taking rest. On 6.5.2000, in the morning, the complainant went to the market for purchasing s required for Bhog ceremony. At about 11.00 a.m., the appellant, who was one of the Pathies and having rest in the room, called the prosecutrix and asked her to bring water for him. When she brought a glass of water for him in that room, he asked her to place it on the shelf. When she went inside, the appellant immediately closed the door of that room from inside and gagged her mouth. He threw her on the bed, took off her salwar and removed his own clothes. Then, he had forcible sexual intercourse with her. When she tried to raise an alarm and resisted his action, he threatened to kill her with the Kirpan (sword), which he was wearing. At about 11.30 a.m., complainant Surinder Kaur and her husband returned from the market. They found the prosecutrix frightened and asked her the reason for the same. She narrated the entire episode to them. Police was immediately informed. Sub-Inspector Bakshish Singh after receiving the message from the control room rushed to the spot. He recorded statement Ex.PA of the complainant narrating the above facts. After making endorsement Ex.PA/2 thereon, SI Bakshish Singh sent it to the police station. On its basis FIR Ex.PA/1 was registered at Police Station Central Chandigarh. During investigation of the case, SI Bakshish Singh inspected the spot and prepared rough site plan Ex.PL. He took into possession the bed sheet from the place of occurrence vide memo Ex.PM. He also recorded the statement of the prosecutrix under Section 161 Cr.P.C. On the identification of the prosecutrix, the appellant was arrested from the place of occurrence itself. The appellant and prosecutrix were sent to General Hospital for their medical examination. PW5 Dr. Vandana Gupta, conducted the medicolegal examination of the prosecutrix and issued MLR Ex.PG. The appellant was also medico-legally examined by PW4 Dr. Deepak Bakshi, who vide MLR Ex.PE found him fit to perform sexual intercourse. His underwear was taken into possession and made into parcel. Statements of Constable Smt. Paramjit Kaur and Constable Surjit Singh, who were entrusted with the job of getting the medico-legal examinations of the prosecutrix and the appellant, were recorded. The case property was deposited in the Malkhana. On 19.5.2001 scaled site plan Ex.PB of the place of occurrence was prepared by Constable Yash Pal. Statements of other prosecution witnesses under Section 161 Cr.P.C. were also recorded. After completion of necessary investigation and presentation of challan, the case was committed to the Court of Sessions, where the appellant was charged for the aforementioned offences, to which, he pleaded not guilty and claimed trial.;