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2018 Supreme(P&H) 2571
IN THE HIGH COURT OF PUNJAB AND HARYANA
[DIVISION BENCH]
Before
Hon’ble Mr. Justice A.B. Chaudhari
Hon’ble Mr. Justice Kuldip Singh
CRA-D-757-DB-2013 (O/M)
Gurjant Singh
v.
State of Punjab
{Decided on 23/08/2018}
Mr. R.D. Chandiwala, Advocate, for appellant.
Ms. Anju Arora, Additional A.G. Punjab.
Mr. H.P.S. Ishar, Advocate, for complainant.
Headnote:(A) Indian Penal Code, 1860, S.376 – Rape – Medical Evidence – Acquittal – As per evidence of doctor prosecutrix had sexual intercourse within 48 hours of her examination – Allegedly offence was committee about 43 days earlier from date of examination – Accused acquitted.
The evidence of doctor clearly establishes that prosecutrix had sexual intercourse within 48 hours from 13.2.2013 when she was medico legally examined. The present occurrence dates back 31.12.2012. Therefore, the medical report will not show that sexual intercourse was committed with prosecutrix on 31.12.2012. Rather, it shows that sexual intercourse has taken place within 48 hours from 13.2.2013. Though, the possibility of prosecutrix having indulged in sexual intercourse earlier also cannot be ruled out from the medico legal report. (Para 15)
(B) Indian Penal Code, 1860, S.376 – Rape – Absence of accused – Acquittal – Complainant and Prosecutrix categorically stated that prosecutrix had visited house of accused at 12:00 noon and thereafter the accused had committed rape – It is not case of prosecutrix where in approximate time of noon is given – Accused by way his mobile phone location and railway booking ticket forms established that he was at railway station, which is about 8 kms from his house, between 11:30 a.m to 1:15 p.m – Accused acquitted. (Para 33)
Mr. Kuldip Singh, J. - Impugned in present appeal is the judgment of conviction and order of sentence dated 23.5.2013, passed by learned Additional Sessions Judge, Sangrur, vide which appellant was convicted under Section 376 IPC, under Section 6 read with Section 5 (f) of Protection of Children from Sexual Offences and under Section 3 read with Clause (xi) (xii) Clause (2) (v) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and was sentenced as under :-
’54. ........ Gurjant Singh is sentenced to undergo rigorous imprisonment for life time and to pay fine of Rs. 10,000/- (Rupees Ten thousand only) and in default of payment of fine to undergo further R.I. for a period of 6 (Six) months under Section 376 of IPC. He is also sentenced to undergo rigorous imprisonment for life time and to pay fine of Rs. 10,000/- (Rupees Ten thousand only) and in default of payment of fine to undergo further R.I. for a period of 6 (Six) months under Section 6 read with Section 5 (f) of Protection of Children from Sexual Offences. He is also sentenced to undergo rigorous imprisonment for life time and to pay fine of Rs. 10,000/- (Rupees Ten Thousand only) and in default of payment of fine to undergo further R.I. for a period of 6 (Six) months under Section 3 read with Clause (xi) (xii) Clause (2) (v) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. All the sentences are ordered to run concurrently.’
1. Facts
2. The facts of the case are that present appellant was a mathematics teacher in Government Senior Secondary School, Namol, District Sangrur and was residing at village Namol. The prosecutrix Ms. X (identity withheld), aged about 14 years, was studying in 8th class in said school. It was alleged that on 31.12.2012, accused called the prosecutrix at his house for checking practical of mathematics. The prosecutrix went to the house of accused at about 12 O’ clock on 31.12.2012. The accused was alone in house at that time. It is alleged that accused forcibly took the prosecutrix inside the room and bolted the room. Thereafter, he committed rape upon prosecutrix. The prosecutrix did not disclose this fact to anybody. However, on 12.2.2013, she disclosed the incident to her father Chet Singh (complainant). While Chet Singh was going to police station with her daughter (victim), SI/SHO Rajwant Singh met him at Bus Stand Cheema and recorded his statement (Ex.PA). After making the endorsement, same was sent to police station. There, formal FIR (Ex.PA/3) under Section 376, 506 IPC was registered on 13.2.2013 at about 2:00/2:15 AM. At the same time, complainant produced the certificate of his caste before the police. The prosecutrix was taken to the hospital and was got medico legally examined by Dr. Ramanveer Kaur Boparai, Medical Officer, Civil Hospital, Sangrur. On 14.2.2013, accused was arrested. The statement of prosecutrix under Section 164 Cr.P.C. (Ex.PC) was recorded by Balwinder Kaur Dhaliwal, learned JMIC (Duty), Sunam, on 16.2.2013. The accused was also got medico legally examination and found fit for sexual intercourse by doctor. The site plan of place of occurrence was prepared. During the course of investigation, birth certificate and school record of prosecutrix was taken into possession. As per birth certificate (Ex.PW7/A), date of birth of prosecutrix is 3.12.1999. The statement of principal of school was also recorded. After completion of investigation, challan was presented against accused.
3. Accused was chargesheeted under Section 376 IPC, under Section 5 (f) and 6 of Protection of Children from Sexual Offences and under Section 3 (xi) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, to which accused plead not guilty.
4. To prove its case, prosecution examined complainant Chet Singh (PW1), prosecutrix (PW2), Dr. Devinder Goyal (PW3), Dr. Ramanbir Kaur Boparai (PW4), SC Dharminder Singh (PW5), SC Nek Singh (PW6), Gurtej Singh (PW7), DSP Jaskiranjit Singh Te
