CRA-D-757-DB-2013 (O/M) -1-
783
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRA-D-757-DB-2013 (O/M)
Date of decision : 23.8.2018
Gurjant Singh …… Appellant (s)
Versus
State of Punjab ……. Respondent (s)
CORAM: HON’BLE MR. JUSTICE A.B. CHAUDHARI
HON’BLE MR. JUSTICE KULDIP SINGH
Present:- Mr. Vinod Ghai, Senior Advocate, with,
Mr. R.D. Chandiwala, Advocate,
for appellant.
Ms. Anju Arora, Additional A.G. Punjab.
Mr. H.P.S. Ishar, Advocate,
for complainant.
1. Whether the Reporters of local newspaper may be allowed to
see the judgment ?
2. To be referred to the Reporter or not.
3. Whether the judgment should be reported in the digest ?
-.- -.-
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/-
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(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
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
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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.
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.
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 Teja (PW8), SI
Rajwant Singh (PW9), Paramjit Singh (PW10), Pargat Singh (PW11) and
Munish Kumar (PW12) and closed its evidence.
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When examined under Section 313 Cr.P.C., accused denied as
incorrect the evidence led against him and took the following plea :-
‘I am innocent. I am teaching the students and in service since
31.5.1995. Nobody ever raised any accusing finger towards my
character. I have grown up children. My daughter is a student
of MBBS and my son has passed +2 in medical and now
preparing of entrance examination. I was not present in my
village Namol on 31.12.2012 at the alleged time of occurrence.
On that day i.e. on 31.12.2012 was present at Railway Station,
Sunam from 11:45 A.M. to 12:45 P.M. alongwith my wife in
connection with the reservation of railway tickets as I was to go
to bring my daughter from Kishanganj, Bihar, where she is
studying in Mata Gujri Memorial Medical College and Lions
Seva Kendra Hospital of MBBS, part-I course. The tickets
were booked for 9.2.2013 and for return on 13.2.2013. I left for
Kishanganj on 9.2.2013 and reached on 10.2.2013 and stayed in
room no. 104 of college guest house from 10.2.2013 at 6:00 pm
to 12.2.2013 at 5:00 pm. I also made a mobile call from my
mobile No. 94630-05476 to my daughter 08987254012 when I
was present at Sunam on 31.12.2012 on the railway station. My
co-villager Surjit Kaur w/o Jang Singh also met us at the
railway station who was going from Sunam to Lehra alongwith
her daughter Raj Kaur. I disclosed this fact to the DSP and
other police officials but they did not listen me. My wife also
moved applications to ADGP Crime and SSP, Sangrur, but
police wrongly challend me in haste without properly
investigation and inquiry in the present case. I have been
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falsely implicated due to party faction in the village to destroy
the carrier of my children and defame me and my family. ‘
In defence, accused examined Ajay Kumar, Head Booking
Clerk, Railway Station, Sunam (DW1), HC Makhan Khan (DW2), Darshan
Singh, Senior Telephone Office Assistant, Office of General Manager
Telecommunication, BSNL, Sangrur (DW3), Smt. Surjit Kaur (DW4), Smt.
Sarabjit Kaur (DW5) and closed the defence evidence.
After hearing the prosecution, learned counsel for accused and
going through the evidence, learned Additional Sessions Judge, Sangrur,
convicted and sentenced the accused as aforesaid.
We have heard learned senior counsel for appellant, learned
State counsel, learned counsel for complainant and have also carefully gone
through the lower Court file.
As per prosecution case, as putforth in the statement of Chet
Singh (complainant), is that accused, who was a Maths teacher in
Government Senior Secondary School, Namol, called the prosecutrix, who
was also a student of same school, to his house on 31.12.2012 at 12 O’ clock
(noon) on the pretext of checking practical of mathematics. When
prosecutrix went to house of accused, he was alone in the house and
committed rape upon her. The prosecutrix did not disclose this fact to her
parents at that time, but disclose same to his father on 12.2.2013, upon which
next day i.e. 13.2.2013, complainant approached police and made statement
(Ex.PA), which made the basis of FIR. In this way, there is delay of about 1
month and 13 days in lodging the FIR. When prosecutrix was examined
under Section 164 Cr.P.C. before learned Judicial Magistrate 1st Class
(Duty), Sunam, on 16.2.2013, she also stated that accused teaches
mathematics to them. On 31.12.2012, she was called by accused for
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checking practical book of mathematics. She went to his house at 12 O’
clock. Nobody was present in the house. The door of the house was open.
Accused was sitting in courtyard. While checking the copy, he went into the
drawing room and called her inside. When she went inside, accused bolted
the door and after removing her clothes, committee rape upon her.
Thereafter, he gave her a tablet forcibly. She does not know the name of the
tablet. She returned to her home and due to fear, she did not disclose the
incident to anybody. She further alleged that after that accused has been
teasing her in the school as sometime he gave a hint by blinking eyes. If she
requests for leave, then he would say that she has to kiss him. When the
matter went beyond her tolerance, she narrated the entire incident to her
parents.
Cross examination of Chet Singh (complainant) reveals that
Sarabjit Kaur wife of Gurjant Singh (accused) remained member panchayat
in the years 2003 to 2008 of village Namol. At that time, Charanjit Singh
was Sarpanch of village. He admitted that dharnas were held for registration
of case after the incident. The persons from the communist party joined the
dharnas. Charanjit Singh, Sarpanch, was heading those dharnas. Police met
them on 13.2.2013. Ex-member Panchayat Dalip Singh was with him at that
time. Thereafter, the case was registered and no dharnas were held
thereafter. It has also come out that daughter of accused was studying in
MBBS course in Kishanganj, Bihar. City Sunam is about 8 kilometers from
village Namol and it takes about 20 minutes from Namol to go to Sunam by
bus. The railway station is at a distance of 9-10 kilometers from bus stand,
village Namol. Chet Singh admitted that there is party faction in the village,
but claim that he does not belong to any party. He further disclosed that his
daughter has disclosed the occurrence to him and his wife at about 9:00 pm.
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Then, he informed the Ex-Member Dalip Singh after calling him to his
house. Charanjit Singh also came to his house at night. Police met them at
about 9:30/10:00 pm. They remained at bus stand for about 20-30 minutes.
The defence version putforth by accused to the complainant as
well as prosecutrix is that on the day of occurrence i.e. 31.12.2012, accused
remained present alongwith his wife at Railway Station, Sunam, from 11:45
AM to 12:45 PM (noon) in connection with reservation of tickets as he was
to go to his daughter in Kishanganj at Bihar to bring her back, who was
studying in MBBS there. He further stated that at the railway station, he had
made a call from his mobile number 94630-05476 to his daughter on her
mobile number 08987254012.
The cross examination of prosecutrix reveals that according to
her, on the day of occurrence, she had got checked the practical book of
mathematics from accused. After checking the practical book, accused had
put the initial and date on the book. Said practical book was never
demanded from her by police during investigation. She had not gone to
house of accused prior to present occurrence. There were 12-13 girl
students in the class. She did not disclose incident to any of her class mates.
Data Singh is her uncle and is a teacher at village Mauran. She stated that
Data Singh got recorded his statement at Bus Stand Cheema. Her cross
examination further reveals that 2-3 houses fall between house of accused
and her house. She disclosed that she did not receive any injury at the time
of incident. She also admitted that dharnas were held and one of the
dharnas was held at Sangrur. She also denied the defence version put forth
by accused as narrated above.
It is necessary to examine the medical evidence. According to
the statement of Dr. Ramanveer Kaur Boparai (PW4), Medical Officer, Civil
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Hospital, Sangrur, prosecutrix was brought to Civil Hospital, Sangrur, on
13.2.2013 for medico legal examination. A board of three doctors was
constituted to conduct the medico legal examination. The other members of
board were Dr. Poonam Dhir and Dr. Kirandeep Kaur, then Medical
Officers, Civil Hospital, Sangrur. The doctor found that hymen was absent.
Old hymenal tags present, not tender, no matting of public hair vaginal
introitous admits one finger easily. No fresh injury or violence mark present
on pubic area. The doctor took two glass slides with smear from vaginal
discharge. Two culture tubes with swab sticks from external genitalia area
and posterior fornix were also taken and sent to laboratory.
Now, the report of laboratory (Ex.PW4/G) shows that
spermatozoa were detected in the contents of Ex. I and Ex. II, whereas no
spermatozoa was found on Ex. III and Ex. IV i.e. on the pubic hairs and glass
slides. Dr. Ramanbir Kaur Boparai (PW4) admitted in examination in chief
that she had opined that sexual intercourse had taken place on the person of
prosecutrix. In cross examination she stated that as spermatozoa were found
in the chemical examiner report, so the possibility of sexual intercourse
having taken place within 48 hours cannot be rule out.
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.
Now, the question would arise as to whether the story putforth
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by complainant and prosecutrix is to be accepted or version putforth by
accused is to be accepted ?
It is an admitted fact that before the registration of case,
dharnas were held, which means that dharna was not held for one day, but
for some days. That would mean that the occurrence had come to the notice
of complainant even before 12.2.2013.
DSP Jaskiranjit Singh Teja (PW8) admitted in cross
examination that daughter of accused was doing MBBS course at
Kishanganj, Bihar.
The cross examination of School Principal Paramjit Singh
(PW10) shows that accused had taken leave from 11.2.2013 to 14.2.2013 to
visit his daughter at Kishanganj, Bihar. He has also stated that on
12.2.2013, mother of prosecutrix had come to school. There was some
discussion regarding misbehaviour with prosecutrix, but no written
complaint was given to him by mother of prosecutrix on the ground that she
is an illiterate lady. Admittedly, prosecutrix belongs to scheduled caste as
proved by Munish Kumar (PW12). Prosecutrix is admittedly little less than
14 years as on the day of crime.
In order to prove that on the day of crime, he was not present in
his house at 12 O’ clock, accused examined Ajay Kumar, Head Booking
Clerk, Railway Station, Sunam (DW1), who stated that a reservation form
was filled in by Gurjant Singh son of Niranjan Singh, resident of VPO
Namol, on 31.12.2012 at 11:30 AM for train No. 15903, Sleeper Class, from
Kishanganj to Ambala. This was ticket for return journey from Kishanganj
to Ambala. Gurjant Singh has mentioned his telephone number 94630-
05476. This ticket was for two adults, one for Gurjant Singh, male and
second Navreet Kaur, female. The departure journey was for 9.2.2013 in
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train number 15610 from Jakhal to Kishanganj. This was for one adult,
namely, Gurjant Singh. He proved the photostat copy (Ex.DW1/A). He has
stated that he has also brought the reservation form for return journey of
train number 12505 from Kishanganj to Anand Vihar and same was meant
for Gurjant Singh, male and Navreet Kaur, female. This form was filled in
on 31.12.2012 at 12:00 PM at Sunam Railway Station, copy of which is
Ex.DW1/B. He has also brought the refund form, filled in by said Gurjant
Singh, dated 31.12.2012 at 12:03 PM, copy of which is Ex.DW1/C. In cross
examination, he states that the form pertains to reservation form and same
can be collected by any person on that day.
Accused also examined Darshan Singh (DW3), Senior
Telephone Office Assistant, Office of General Manager Telecommunication,
BSNL, Sangrur, who proved that mobile number 94630-05476 is issued in
the name of Gurjant Singh. He brought the relevant records to prove the
same. He also proved call details of said mobile number from 30.12.2012 to
1.1.2013. He stated that said mobile was being used on 31.12.2012 from
11.38.24 to 12.26.24 at Indra Market, Sunam, and at 12.56.54, same mobile
was used from Sunam Tehsil.
Accused also examined one Surjit Kaur (DW4) wife of Jang
Singh, who claims that on 31.12.2012, she was present at railway station to
board train from Sunam to Lehra and accused alongwith his wife was
present there. She proved her ticket (Ex.DW4/A).
Accused also examined his wife Sarabjit Kaur (DW5), who
stated that they were present at railway station at 11:15/11:30 AM on
31.12.2012 and they had returned to village Namol at about 2:30 PM after
making some household purchase from market at Sunam. She also stated
that her husband is innocent. Due to party faction in village, Charanjit
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Singh, Ex. Sarpanch, is a close friend of Master Data Singh. She stated that
when Charanjit Singh was Sarpanch, she was also a member panchayat and
they were opposite to each other. She claims that this case has been got
registered at the instance of Charanjit Singh and Data Singh. The
complainant party are very poor persons and are playing to the tunes of
Charanjit Singh and Data Singh. She further stated that she had moved an
application (Ex.DW2/A) to the higher authorities for inquiry.
Now, when prosecution and defence version is examined, it
comes out that as per statement of Chet Singh, accused called prosecutrix at
his residence at 12 Noon on 31.12.2012. Prosecutrix in her statement
(Ex.PC) stated that she had gone to house of accused, which is situated at a
distance of 2-3 houses from her house for checking practical of mathematics.
She had reached there at 12 O’ clock. The incident was disclosed by
prosecutrix to her parents on 12.2.2013 i.e. after 1 month and 13 days of
occurrence. Therefore, on the day of alleged occurrence, it was not known to
anybody that crime has been committed, nor any criminal action was
contemplated against accused. Assuming that complainant is an illiterate
person and prosecutrix is semi illiterate person, this Court can take the time
of occurrence 15 minutes prior to occurrence i.e. 11:45 AM and 15 minutes
after the occurrence i.e. 12:15 PM. Further, giving more allowance, half an
hour before occurrence i.e. 11:30 AM and half and hour after occurrence i.e.
12:30 PM, i.e. between 11:30 AM to 12:30 PM.
We have carefully examined photostat copies of railway
booking forms (Ex.DW1/A to Ex.DW1/C). The first form (Ex.DW1/A) was
filled in at 11:30 AM on 31.12.2012. There is specific column in reservation
form for mentioning telephone number, date and time. The reservation form
filled in on 31.12.2012 for return journey on 12.2.2013 from Kishanganj to
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Ambala of train number 15903 and onward journey on 9.2.2013 from Jakhal
to Kishanganj, of train number 15610. The form indicates the ticket
number issued against said form. The journey from Kishanganj to Ambala is
for two persons, namely, Gurjant Singh and his daughter Navreet Kaur and
journey on 9.2.2013, is for one person i.e. Gurjant Singh.
Now, another form filled in at 12:01 PM shows that Gurjant
Singh again booked a ticket for return journey on train number 12505 from
Kishanganj to Anand Vihar. This ticket is also for two persons, namely,
Gurjant Singh and Navreet Kaur, for sleeper class. The subsequent
cancellation form Ex.DW1/C, filled in at 12:03 PM shows that first ticket on
train number 15903 at 12:03 PM for Gurjant Singh and Navreet Kaur was
got cancelled, for which refund was given. As per these forms, Gurjant
Singh is stated to be present at Sunam railway station on 31.12.2012 till
12.03 PM when he filled in the form.
Now, the plea of State is that these forms could have been
signed by somebody else.
As discussed above, since no criminal action was contemplated
against accused on 31.12.2012 at 11:30 AM, therefore, it is unlikely that he
will try to create evidence for going to Kishanganj on 9.2.2013 to bring her
daughter back, who is doing MBBS at Kishanganj, Bihar and come back on
12.2.2013. The presence of accused is further acknowledged from the fact
that after having booked the first ticket (Ex.DW1/A), he cancelled said ticket
from Kishanganj to Ambala. He booked another ticket for 12.2.2013 from
Kishanganj to Anand Vihar after half an hour on same day at 12:01 PM. If
the ticket is to be cancelled and refund is taken, the person booking the
ticket has to be present at railway station to cancel first ticket and fill in the
cancellation form and then collect refund. All the forms Ex. DW1/A to
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Ex. DW1/C are in same handwriting indicating presence of accused at
Railway Station, Sunam. Assuming that accused had his own personal
vehicle, it has come in evidence of complainant that village Namol is at a
distance of 8 kilometers from Railway Station Sunam. Therefore, it would
take minimum about 10/15 minutes to reach from village Namol to Railway
Station Sunam, which means that accused must have left his village latest by
11:15 AM to go to Railway Station Sunam.
Accused has given his mobile number in the booking form,
which belongs to him. Now, call details of accused (ExDW3/C) shows that
he made a call from his mobile number 94630-05476 to mobile number
08987254012 on 31.12.2012 at 11:30 AM. The location of tower is Indra
Marg, Sunam. The call was made after filling in first form at 11:30 AM.
The duration of first call was 60 seconds. Then, he received a call at same
number from his daughter’s mobile at 11.42.30 AM at the same location.
The duration of second call is 1 second which appears to be a missed call.
Then, accused made a call from his mobile number 94630-05476 to same
mobile number 08987254012, belonging to his daughter staying in
Kishanganj, Bihar, at 11.42.53 AM. The duration was 51 seconds. The
location of said call was same i.e. Indra Marg, Sunam. It was after the said
conversation at 11.42.53 AM that the second form was filled in wherein
train number was changed for back journey from Kishanganj for accused and
his daughter Navreet Kaur.
The learned senior defence counsel has argued that after taking
first ticket, accused made a call to his daughter, who then informed him
about her difficulty of some practical. Thereafter, he had to change his ticket
and train number for back journey from Kishanganj. Thereafter, he filled in
another form for cancellation of back journey ticket from Kishanganj to
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Ambala at 12:03 PM on 31.12.2012 and fill in refund form for same in his
own handwriting. Then, another call was made by accused to abovenoted
mobile number of his daughter at 12.26.24. This time, duration of call is for
117 seconds and location is same i.e. Indra Marg, Sunam. This indicates that
after making claim booking at 12:03 PM, accused had a bit detailed talk with
his daughter from same location, which indicates that from 11.38.24 to
12.26.24, accused was present at Railway Station Sunam, which is duly
corroborated by reservation/cancellation forms, as claimed by him. Further,
another call by accused on the mobile number of his daughter was made at
12.56.54 PM for 62 seconds. This time, location of tower was Sunam TE
Sunam and then, another call was made by accused to same mobile number
of his daughter at 14.26.39 PM. This time, tower location was of Namol,
Sunam, Sangrur, which means that sometime between 12.56.54 to 14.26.39,
accused reached his village Namol.
The complainant and prosecutrix are very categorical that
prosecutrix had visited house of accused at 12:00 noon and thereafter the
accused had committed rape. It is not case of prosecution wherein
approximate time of noon is given. The most important evidence in this
case is the practical book, on which accused put his initial and date. It was
not taken into possession by police, which could show that on the said date,
prosecutrix had visit house of accused for the purpose of checking of her
practical book.
Smt. Sarabjit Kaur, wife of accused, has appeared as DW5 in
witness box to state that she is living with her husband and that on that day
i.e. 31.12.2012, they had gone to Sunam railway station. They had left their
village Namol at 10:45 AM and reached railway station at 11:15/11:30 AM.
They remained at railway station for more than one hour and then came to
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Indra Market of Sunam and then, returned to village at about 2:30 PM. She
further stated that her husband had left village Namol on 8.2.2013 for
Kishanganj, to bring back their daughter.
The statement of principal of school Parmajit Singh shows that
accused had taken leave from 11.2.2013 to 14.2.2013. Principal had
admitted that daughter of accused is MBBS student at Kishanganj, Bihar.
The leave application duly signed by principal is on file (Ex.DX). Leave
was sanctioned for four days though, it is also recorded that it was cancelled
on 13.2.2013 apparently as a case was registered against accused.
From the evidence, as discussed above, it comes out that
accused was not present in village Namol, at least from 11:15 AM to 1:15
PM on the day of occurrence. The time could also be little before 11:15 AM
to sometime later than 1:15 PM. The stamped evidence of mobile phone
when read together with railway booking and cancellation form shows that
accused was at Sunam railway station, which is 8 kilometers away from his
village at 11:30 AM on 31.12.2012 and was present in Sunam at 12.56.54
PM. It is also to be noted that it takes sometime to fill in reservation form
and it also takes time to fill in second form for reservation and then, fill in
refund form and then collect the refund from railways. Therefore,
prosecution story that rape was committed upon prosecutrix sometime
immediately after 12 noon on 31.12.2012 stands shattered by defence
evidence. Further, medical evidence shows that even prosecutrix had
indulged in sexual intercourse 48 hours before 13.2.2013 when she was
medico legally examined. There are no allegations that even sometime
before 13.2.2013, accused had again committed rape upon prosecutrix.
There is only single allegation of rape i.e. on 31.12.2012 sometime
immediately after 12 noon.
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It is also important to note that wife of accused was a member
panchayat in the years 2003 to 2008 and one Charanjit Singh was the
Sarpanch. Charanjit Singh, Ex Sarpanch, was the persons, who alongwith
Data Singh, uncle of prosecutrix, held dharnas for pressing registration of
case. Therefore, it appears that dharnas were held sometime before
12.2.2013, at least for some days. One of such dharna was held at Sangrur,
as admitted by prosecutrix. Thereafter, police swung into action. Therefore,
the case appears to have been registered to pacify the public. Under such
circumstances, the evidence claimed by defence took a back seat and the trial
Court also failed to critically examine the prosecution and defence version to
find out as to whether crime was committed, as alleged. We are of the firm
view that since accused was not present in village at or around the time of
crime and was present with his wife at Railway Station Sunam, therefore, he
could not commit the crime at the time, as alleged by prosecutrix.
As a result of foregoing discussion, conviction of accused
cannot be sustained in eye of law. Accordingly, present appeal is allowed.
Consequently, accused is acquitted of the charges framed against him. He be
released forthwith, if not required in any other case. The fine, if paid by
appellant, be refunded to him.
(A.B. CHAUDHARI) (KULDIP SINGH)
JUDGE JUDGE
23.8.2018
sjks
Whether speaking / reasoned : Yes / No
Whether Reportable : Yes / No
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