JUDGMENT

Dr. B.S. CHAUHAN, J. — 1. This appeal has been preferred against the Judgment and Order dated 7.03.2007 passed by the High Court of Punjab and Haryana at Chandigarh in Crl. Appeal No. 337-SB of 1994, by which the High Court has upheld the conviction Order of the Trial Court dated 20th/21st July, 1994 passed in Sessions Trial No. 21 of 1993, however, the High Court reduced the sentence from seven years to five years for the offence punishable under Section 376 of the Indian Penal Code (hereinafter called as, “IPC”).

2. The facts and circumstances giving rise to the present case are that the alleged occurrence of rape took place on 11.03.1993. Rajinder Kaur (PW 15), the prosecutrix, and her brother Rajinder Singh (PW 16) had gone to fields for collecting cattle fodder. Rajinder Singh had gone on a cycle and settled in a field at some distance from the field where Rajinder Kaur, the prosecutrix, had reached to cut/collect the grass. The appellant, Satpal Singh, caught hold of her and out of fear, the sickle in her hand fell down. The appellant took her to the nearby wheat field and raped her. She raised an alarm and upon hearing the same, her brother, Rajinder Singh (PW 16), came running to the place of occurrence. But by then, the appellant escaped from the scene. The prosecutrix came to her house along with her brother and told her mother Smt. Balwant Kaur that she was raped by the appellant. The father of the prosecutrix, Balbir Singh (Complainant) (PW 11), was not present at home and he was informed about the incident when he returned home in the evening. Balbir Singh (PW 11), after having consultation with his brother Kulwant Singh, went to Police Station, Shahbad. However, the police officials on duty asked him to come on next day. When Balbir Singh (PW 11) reached the Police Station on next day, he found that a Village Panchayat had already assembled there and efforts were made to compromise the matter. However, Balbir Singh (PW 11), agreed not to launch criminal proceedings in case, the appellant was fined to the tune of Rs. 5000/- and “be taken in procession after blackening his face and be paraded in the village”. Ultimately, the Panchayat imposed fine of Rs. 1100/- only on the appellant, out of which Rs. 600/- were donated in the Gurudwara and Rs. 500/- in the temple. Being dissatisfied with the dictate of the Panchayat and running from pillar to post to convince the Panchayat members to come to a justifiable solution, Balbir Singh (PW 11), complainant, approached the Superintendent of Police, Kurukshetra on 16.07.1993 i.e. after about four months of the date of incident. On the instructions of the Superintendent of Police, Kurukshetra, an FIR was lodged against the appellant and one ASI Ram Kumar on 16.07.1993 under Sections 376, 201 and 217 IPC. ASI Ram Kumar was arrayed as an accused for the reason that there had been allegations against him that he forced the matter to be compromised in order to screen the appellant from the crime.

3. Dr. Geeta Suri (PW 2), the Medical Officer, examined the prosecutrix on 17.07.1993. According to her, as the alleged rape had taken place long ago, the vaginal swap could not be taken and, therefore, there was no possibility to prove the alleged act of rape by way of medical report. However, she opined that possibility of rape could not be ruled out.

4. The charges were framed against the appellant and ASI Ram Kumar on 14.09.1993 under Sections 376, 201 and 217 IPC. Both the accused pleaded not guilty and claimed trial. Thus, the trial was conducted and after recording the statements and considering the case in totality, the Trial Court convicted the appellant under Section 376 IPC and sentenced to seven years’ Rigorous Imprisonment and imposed fine to the tune of Rs.5000/-. In default of payment of fine, he was directed to undergo Rigorous Imprisonment of six months more. However, ASI Ram Kumar stood acquitted.

5. Being aggrieved, the appellant preferred the appeal before