The judgment highlights the importance of corroboration in sexual offense cases, the need to protect the accused against false implication, and the higher standard of proof required in rape cases.

ANITA CHAUDHRY, J.

1. Arvinder Singh-appellant was convicted and sentenced to undergo rigorous imprisonment for 10 years along with fine of Rs.5,000/- and in default of fine to undergo further rigorous imprisonment for six months under Section 376 IPC in a complaint case. Balwinder Kaur complainant had filed the complaint against two persons. Gurdeep Singh was declared proclaimed offender. The revision has been filed by Balwinder Kaur seeking enhancement of the sentence and she also claims compensation.

2. It is necessary to exposit the essential detailed in the complaint.

3. Balwinder Kaur @ Jaswinder Kaur wife of Amrik Singh was married and had four children. She claimed that she was being looked after by Surjit Kaur wife of Avtar Singh and she was her God Mother. On 17.11.2000 her son fell ill. She tried to contact Surjit Kaur and went to Nangal Khurd, Mahilpur to seek monetary help. At 6.30 P.M. she reached near Harbans Gate, Mahilpur but could not get any vehicle to go to the village and she started her journey on foot. In the meantime, on the pucca village link road, a motor cycle driven by two boys came near her and the boys started teasing her, finding her alone. The complainant recognized one of them as Babbi, resident of Mehna and Lucky, resident of Mahilpur who were known to her by face and they had teased her earlier also (she did not disclose that Babbi was her landlord). Lucky alighted from the motor cycle and offered to drop her on his motor cycle. The complainant refused to accompany them but she was forcibly taken to a tubewell room and was raped by both of them. The complainant raised alarm and she was threatened and later they left on their motor cycle. The complainant went to the house of Sardara Singh in village Nangal Khurd but could not meet him but met his son. She asked for Surjit Kaur and came to know that Surjit Kaur had gone to Hoshiarpur. The complainant returned to Mahilpur and from there she called up Surjit Kaur who came to her village and the occurrence was narrated. Surjit Kaur took her to Civil Hospital where the doctor informed the police. On the basis of the statement, FIR No. 120 dated 18.11.2000 under Section 376, 506, 34 IPC was registered. Balwinder Kaur filed a Criminal Miscellaneous No. 5306-M of 2001 seeking transfer of the enquiry and for directions to submit the challan within 90 days failing which the persons who had been arrested could be released. The State filed its reply stated that the investigation was complete and the final report had already been submitted on 15.2.2001 recommending cancellation of the case. The petition was dismissed as infructuous and liberty was granted to the petitioner to take the steps necessary. A complaint was filed in 2003 with the same allegations. The trial Court summoned both the accused. However, Gurdeep Singh did not appear and he was declared proclaimed offender. The case was committed on 10.7.2003.

4. At the trial, the complainant examined herself, two medical officers, ASI Sukhwinder Singh and Pushpinderjit Singh.

5. The accused took the defence that he had been falsely implicated because he was a witness in a murder case registered in March 2000 and he had appeared as a witness against the accused persons and the prosecutrix's real name was Tripta Devi and he was being pressurized not to appear as a witness but he did not succumb to the pressure and made his statement and a false story had been concocted through the complainant and he was innocent.

6. Four witnesses were examined in defence.

7. Balwinder Kaur in her statement had deposed that she was married to Surinder Kumar in 1984 and earlier her name was Tripta Devi and she had four children and she lived with Surinder Kumar for a number of years but he was a drunkard and used to beat her and she was turned out of the house in 1997 and she came to Punjab along with her youngest child. She stated that Babbi was her landlord and Surjit Kaur was his relative and Surjit Kaur had asked h