{"id":58871,"date":"2003-02-21T00:00:00","date_gmt":"2003-02-20T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/harjit-singh-son-of-boota-singh-son-vs-the-state-of-punjab-on-21-february-2003"},"modified":"2015-10-04T12:04:29","modified_gmt":"2015-10-04T06:34:29","slug":"harjit-singh-son-of-boota-singh-son-vs-the-state-of-punjab-on-21-february-2003","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/harjit-singh-son-of-boota-singh-son-vs-the-state-of-punjab-on-21-february-2003","title":{"rendered":"Harjit Singh Son Of Boota Singh Son &#8230; vs The State Of Punjab on 21 February, 2003"},"content":{"rendered":"<div class=\"docsource_main\">Punjab-Haryana High Court<\/div>\n<div class=\"doc_title\">Harjit Singh Son Of Boota Singh Son &#8230; vs The State Of Punjab on 21 February, 2003<\/div>\n<div class=\"doc_author\">Author: R Kathuria<\/div>\n<div class=\"doc_bench\">Bench: R Kathuria<\/div>\n<\/p>\n<pre><\/pre>\n<p>JUDGMENT<\/p>\n<p> R.C. Kathuria, J. <\/p>\n<p> 1. This appeal is directecd against the judgment<br \/>\ndated 11.1.1990 of the Additional Sessions Judge,<br \/>\nFerozepur convicting the appellant-accused under Section<br \/>\n376 of the Indian Penal Code (for short &#8216;IPC&#8217;) and<br \/>\nsentencing him to undergo rigorous imprisonment for a<br \/>\nperiod of seven years and to pay fine of Rs. 500\/- and in<br \/>\ndefault of payment of fine to undergo further rigorous<br \/>\nimprisonment for three months and also convicting and<br \/>\nsentencing the accused under Section 452 I.P.C. to<br \/>\nundergo rigorous imprisonment for a period of one year and<br \/>\nto pay fine of Rs. 100\/- and in default of payment of fine<br \/>\nto undergo further rigorous imprisonment for one month.<br \/>\nBoth the sentences were ordered to run concurrently.\n<\/p>\n<p> 2. The prosecution version as spelled out from the<br \/>\nstatement Ex. PE made by prosecutrix (named withheld)<br \/>\n(PW-3) is that on 21.9.1989 at about 2.00 p.m., she was<br \/>\nbusy in washing clothes in the court yard of house located<br \/>\nin Village Jhrur Khera. Her brother, father and mother<br \/>\nwere not present in the house as they had gone out in<br \/>\nconnection with labour work, Finding her along in the<br \/>\nhouse, Harjit Singh alias Jit Singh, appellant-accused<br \/>\ncame there. He showed knife to her and asked her to go<br \/>\ninside the house. He threatened her that if she raised<br \/>\nalarm, she would be killed. Thereafter, he untied her<br \/>\nSalwar and in the process tore it. Thereafter, he<br \/>\ncommitted rape on her. The prosecutrix did not raise<br \/>\nalarm because of the threat to kill her extended by the<br \/>\naccused. Meanwhile, Rajinder Singh (PW-4), brother of the<br \/>\nprosecutrix in the company of his uncle Sucha Singh came<br \/>\nthere. They witnessed this occurrence and tried to catch<br \/>\nhold of the accused. Accused pushe them while showing<br \/>\nknife of them and was successful in running away from the<br \/>\nspot. When they were going to lodge the report. Boota<br \/>\nSingh, father of Harjit Singh, accused came there and<br \/>\nthreatened them that if they proceeded to lodge the<br \/>\nreport, they would be killed. On the next day, the<br \/>\nprosecutrix in the company of Sucha Singh and Mohinder<br \/>\nSingh, Sarpanch proceeded to the Police Station to lodge<br \/>\nthe report. While they were present at the Bus Stop.<br \/>\nKhuian Sarwa, Assistant Sub Inspector Onkar Singh (PW-5)<br \/>\nmet them. He recorded the statement of the prosecutrix<br \/>\nEx.PE and after making his endorsement it as Ex.PE\/1<br \/>\ntransmitted the same to the police station on the basis of<br \/>\nwhich formal FIR Ex. PE\/2 was recorded by ASI Ram Singh.<br \/>\nASI Onkar Singh took prosecutrix to Civil Hospital for<br \/>\nmedical examination. He moved application Ex. PA before<br \/>\nthe Medical Officer Dr. Sunil Alipuria (PW-1). The Medical<br \/>\nOfficer conducted the medical examination of the<br \/>\nprosecutrix on 22.1.1989 at 2.00 p.m. and vide report<br \/>\nEx. PB noticed infected wound 3 cm x 0.5 cm x 0.5 cm deep<br \/>\non the outer aspect of left forearm 5.0 cm above the<br \/>\nwrist. Vaginal Swab was taken and she along with<br \/>\nclothes of the prosecutrix were handed over to ASI Onkar<br \/>\nSingh vide recovery memo PC. Thereafter, ASI Onkar Singh<br \/>\nwent to the spot of occurrence and prepared rough site<br \/>\nplan Ex. PH and recorded the statement of other witnesses.<br \/>\nAccused Harjit Singh was arrested on 31.1.1989 while his<br \/>\nco-accused Boota Singh was arrested on 3.2.1989 by the<br \/>\nInvestigating Officer. Medical Examination of accused was<br \/>\ndone on 1.2.1989 by Medical Officer Dr. Dalip Kumar<br \/>\n(PW-2), who vide his report Ex. PD opined that there was<br \/>\nnothing to suggest that he was incapable of doing sexual<br \/>\nintercourse. On completion of investigation, police<br \/>\nreport was filed by SI Ram Singh. On these allegations<br \/>\ncharges under Sections 376 and 452 I.P.C. were framed<br \/>\nagainst appellant-accused, Harjit Singh, while co-accused,<br \/>\nBoota Singh, was charged under Section 506 I.P.C. Both<br \/>\nthe accused pleaded not guilty to the charges and claimed<br \/>\ntrial.\n<\/p>\n<p> 3. In order to link the accused with the crime,<br \/>\nprosecution solicited the help of Dr. Sunil Alipuria<br \/>\n(PW-1), Dr. Dalip Kumar (PW-2), prosecutrix (PW-3),<br \/>\nRajinder Singh (PW-4) and ASI Onkar Singh (PW-5). In<br \/>\naddition, the prosecution tendered in evidence the<br \/>\naffidavits of MHC Kewal Krishan and Constable Ajaib Singh,<br \/>\nExs. PF and PG respectively besides the report of Forensic<br \/>\nScience Laboratory Ex. PK. When examined under Section 313<br \/>\nof the Code of Criminal Procedure, 1973 (hereinafter<br \/>\nreferred to as &#8216;the Code&#8217;), the accused denied the<br \/>\nprosecution allegation completely and furnished the<br \/>\nreasons for his implication as under:-\n<\/p>\n<p>  &#8220;The case has been registered against me and may<br \/>\nfather at the influence of Mohinder Singh<br \/>\nSarpanch against whom my father had not got an<br \/>\nenquiry order for misappropriating Rs. 2 lacs of<br \/>\nthe Panchayat fund and in that enquiry Mohinder<br \/>\nSingh, Sarpanch was directed to deposit<br \/>\nRs. 50,000\/- and the same was deposited. On<br \/>\nthat account the Sarpanch was inimical towards<br \/>\nus. Earlier Jagtar Singh son of  Darshan Singh<br \/>\nhad tried to molest the niece of Kikkar Singh<br \/>\nin which my father sided with Kikkar Singh and<br \/>\nalso took the master to the Police. Jagtar<br \/>\nSingh belongs to the party of the Sarpanch and<br \/>\non that account case also under Section 326<br \/>\nI.P.C. was registered against Darshan Singh<br \/>\nand Jagtar Singh on one side and my father on<br \/>\nthe other side. It is false case at the<br \/>\ninstance of the Sarpanch.&#8221;\n<\/p>\n<p> 4. Boota Singh, co-accused in his statement under<br \/>\nSection 313 of the Code refuted the prosecution allegation<br \/>\nand further took the stand that this case had been foisted<br \/>\non him and his son at the instance of Mohinder Singh,<br \/>\nSarpanch against whom, he had made a complaint for<br \/>\nmisappropriation of Rs. 2 lacs of the panchayat fund which<br \/>\nhad resulted in inquiry against him and said Sarpanch was<br \/>\nmade to deposit Rs. 50,000\/- and for that reason he was<br \/>\ninimical towards him. In support of the stand taken by<br \/>\nhim, he examined Iqbal Singh, Block Development Officer,<br \/>\nAbohar (DW-1),  who stated that the record of the inquiry<br \/>\nconducted by the Additional Director, Panchayat,<br \/>\nChandigarh against Mohinder Singh, Sarpanch of Village<br \/>\nJhrur Khera was with the Additional Director, Panchayat.<br \/>\nAmarjit Singh, Clerk in the office of Director, Rural<br \/>\nDevelopment and Panchayat, Punjab at Chandigarh (DW-2)<br \/>\nproduced the copy of the complaint made by Boota Singh<br \/>\nagainst Mohinder Singh, Sarpanch, copy of which is Ex. DA<br \/>\nand the inquiry report, Ex.DB.\n<\/p>\n<p> 5. On appraisal of the evidence led on record, the<br \/>\ntrial court came to the conclusion that possibility of<br \/>\nfalse involvement of Boota Singh due to enmity with<br \/>\nMohinder Singh, Sarpanch could not be ruled out and for<br \/>\nthat reason giving him benefit of doubt acquitted him. At<br \/>\nthe same time, the trial Court accepted the prosecution<br \/>\nevidence with regard to the involvement of the<br \/>\nappellant-accused in commission of the crime and while<br \/>\nrejecting his defence version  convicted and sentenced him<br \/>\nas stated above. Hence, this appeal.\n<\/p>\n<p> 6. I heard counsel for the appellant-accused as<br \/>\nwell as the State counsel at length.\n<\/p>\n<p> 7. Learned counsel representing the appellant-<br \/>\naccused assailed the reliability of the prosecution<br \/>\nevidence on several grounds. In the forefront, it was<br \/>\nurged by him that the prosecutrix was aged about 20 years<br \/>\nand the medical evidence led on record reveals that no<br \/>\nvaginal injury or any other injury suggestive of forced<br \/>\nsexual intercourse with her had been noticed by the<br \/>\nMedical Officer which would indicate the case to be of<br \/>\nconsent. It was also submitted by him that the hymen of<br \/>\nthe prosecutrix was not intact which shows that the<br \/>\nprosecutrix was used to sexual intercourse despite being<br \/>\nunmarried which fact had not been taken into consideration<br \/>\nby the trial court. It was also highlighted by him that<br \/>\nno explanation for delay in lodging the report had been<br \/>\nrendered by the prosecution which affected the credibility<br \/>\nof the version rendered. Lastly, it  was contended that<br \/>\nbecause of the enmity of the father of the appellant with<br \/>\nSarpanch Mohinder Singh, the accused had been falsely<br \/>\nimplicated in this case. These submissions had been<br \/>\ncountered on behalf of the prosecution for the reasons<br \/>\nrecorded in the judgment of the trial Court.\n<\/p>\n<p> 8. The evidence on record clearly brings out that<br \/>\nthe prosecutrix belongs to socially weaker section of<br \/>\nsociety. Rajinder Singh, brother of the prosecutrix had<br \/>\nstated that he belongs to Mehra caste while Harjit Singh,<br \/>\naccused is Jat by caste. He had been earning his<br \/>\nlivelihood by doing labour work and for that reason he had<br \/>\ngone to clean utensils of Surat Singh, Panch. He had been<br \/>\ngetting daily wages for the services rendered by him. On<br \/>\nthe date of occurrence, his mother had also gone to clean<br \/>\nutensils in the village on the date of occurrence. It had<br \/>\ncome in his statement that he had one brother and three<br \/>\nsisters out of which two sisters reside in the village.<br \/>\nHis elder sister is married in Village Jeowala.\n<\/p>\n<p> 9. On the date of occurrence, according to the<br \/>\nprosecutrix, her father and brother had gone to do labour<br \/>\nwork in  the village while her mother had gone to attend to<br \/>\nthe marriage work and to distribute Patasha in the<br \/>\nvillage. She explained that her brother and father used<br \/>\nto return to the house occasionally during the noon time<br \/>\nfor taking rest for two hours. It is also brought out in<br \/>\nthe statement of the prosecutrix that her house in which<br \/>\nshe has been residing with her parents and brother is<br \/>\nlocated in the Abadi. The house of Sain Dass is located<br \/>\non one side while three other houses are situated at a<br \/>\ndistance of 30-35 Karams from their house. She had<br \/>\nexplained in her deposition that house of Harjit Singh,<br \/>\naccused is situated at a distance of 5\/7 Killas away from<br \/>\nthe outskirts of the village while that of Sucha Singh is<br \/>\nabout 5\/7 houses away in the same street from their house.<br \/>\nTherefore, Harjit Singh was fully aware about the<br \/>\nengagement of the family members of the prosecutrix.<br \/>\nThere is nothing improbable in his conduct when he had<br \/>\nchosen to satisfy his lust by going to the house of the<br \/>\nprosecutrix at about 2.00 p.m. where she was present all<br \/>\nalone.\n<\/p>\n<p> 10. The prosecutrix during her testimony in Court<br \/>\nhad given her age as 17 years while the Medical Officer,<br \/>\nDr. Sunil Alipuria, on 22.1.1989 the date of medico-legal<br \/>\nexamination of the prosecutrix had mentioned her age as<br \/>\n20 years. The prosecutrix during the course of her<br \/>\nstatement had given an account as to the manner in which<br \/>\nshe was raped by the accused under the threat of killing<br \/>\nher by showing a knife to her and explained that she did<br \/>\nnot raise alarm when she was taken to the room and her<br \/>\nSalwar was untied and torn by the accused and also during<br \/>\nthe period he committed sexual intercourse with her<br \/>\nbecause of the fear generated in her mind on account of<br \/>\nthreat given by the accused. She claimed that she had<br \/>\ntried to catch hold of the accused and had given pushes to<br \/>\nhim in the process of rape committed by the accused,<br \/>\nwhich lasted for 5-6 minutes. The accused had also pushed<br \/>\nher down by force and in the scuffle her shirt was torn.<br \/>\nShe claimed that a tooth bite was given by the accused on<br \/>\nher breast but it had left no mark. She also stated that<br \/>\nshe had suffered scratches on her back. It had also come<br \/>\nin her statement that Rajinder Singh and her uncle Sucha<br \/>\nSingh had reached the spot and tried to catch hold of the<br \/>\naccused. However, accused showed knife to them and<br \/>\nmanaged to run away from there.\n<\/p>\n<p> 11. Rajinder Singh had fully corroborated the<br \/>\ntestimony of the prosecutrix. He too maintained in his<br \/>\ndeposition that at about 1.45 p.m. his uncle told him<br \/>\nthat they should go to his house to enquire about the<br \/>\nhealth of Surjan Singh. On reaching near the Chowka at<br \/>\nabout 2.00 p.m., they saw Harjit Singh  committing sexual<br \/>\nintercourse with the prosecutrix. Both Rajinder Singh and<br \/>\nSucha Singh tried to catch hold of the accused but after<br \/>\nshowing knife and giving pushes to them, he ran away from<br \/>\nthere. Thereafter, the prosecutrix narrated the incident<br \/>\nto them in detail that while she was washing clothes, the<br \/>\naccused came and kept the knife on her neck and thereafter<br \/>\nshe was taken inside the room and after opening the string<br \/>\nof the Salwar, the accused committed sexual intercourse<br \/>\nwith her forcibly. He had stated that he had noticed<br \/>\nscratches on the face and other parts of the body of his<br \/>\nsister.\n<\/p>\n<p> 12. By now it is well settled that the prosecutrix,<br \/>\nwho is the victim of offence of rape is not an accomplice<br \/>\nof the crime. Her testimony can be accepted without<br \/>\ncorroboration unless the Court finds on the basis of<br \/>\nevidence on record that it suffers from such infirmities<br \/>\nthat it would render it unsafe to place reliance on it and<br \/>\nis unworthy of acceptance. It is for that reason it has<br \/>\nbeen observed by the Apex Court in  <a href=\"\/doc\/1046545\/\">State of Punjab v.<br \/>\nGurmit<\/a> singh and Ors., 1966 S.C.C. (Cri.) 316 that &#8220;a<br \/>\nmurderer destroys the physical body of his victim, a<br \/>\nrapist degrades the very soul of helpless female. The<br \/>\nCourts, therefore, shoulder a great responsibility while<br \/>\ntrying an accused on the charge of rape. They must deal<br \/>\nwith such cases with utmost sensitivity. The Courts<br \/>\nshould examine the broader probabilities of a case and not<br \/>\nget swayed by minor contradictions and insignificant<br \/>\ndiscrepancies in the statements of the prosecutrix, which<br \/>\nare not of a fatal nature, to throw out and otherwise<br \/>\nreliable prosecution case.&#8221;\n<\/p>\n<p> 13. The learned counsel for the appellant-accused<br \/>\nstrenuously urged that as no injuries&#8217; were found on the<br \/>\nperson of the prosecutrix during the course of medical<br \/>\nexamination by the Medical Officer and rather, according<br \/>\nto the finding of the Medical Officer her hymen was not<br \/>\nfound infact, it has to be construed that she was used to<br \/>\nsexual intercourse and these circumstances justify a<br \/>\nconclusion that she had put up a false story in order to<br \/>\nrope in the accused in this case. Alternatively, he<br \/>\ncontended that it should be construed as a case of<br \/>\nconsent. Additional plea raised by him was that it is<br \/>\ntotally inconceivable that at the day time at about 2.00 p.m.,<br \/>\nthe accused would venture to go to the house of the<br \/>\nprosecutrix in order to commit rape knowing fully well<br \/>\nthat he would be noticed by the neighbourers whose houses<br \/>\nare located nearby the house of the prosecutrix which is<br \/>\nlocated in the  Abadi of the village. There is absolutely<br \/>\nno merit in the stand taken on behalf of the accused in<br \/>\nthis regard. It is difficult to predict what works in the<br \/>\nperverted mind at a particular point of time. In this<br \/>\ncase, the statement of the prosecutrix had amply brought<br \/>\non record that at the time when the accused went to the<br \/>\nhouse she was all alone and at that time the accused put<br \/>\nknife on her neck and threatened her that if she made any<br \/>\nnoise, she would be killed. She was taken to the<br \/>\nadjoining room and raped. Her statement is fully<br \/>\ncorroborated by Rajinder Singh. She had also informed her<br \/>\nbrother about the incident which had taken place with her<br \/>\nwhich is admissible as evidence of her conduct.\n<\/p>\n<p> 14. Coming to the findings of Medical Officer, Dr.<br \/>\nSunil Alipuria, who had conducted medical examination of<br \/>\nthe prosecutrix on 22.1.1989 at about 2.00 p.m. and had<br \/>\nnoticed infected wound dimension of which had been stated<br \/>\nearlier, according to her &#8220;there was no vaginal injury.<br \/>\nHymen was not intact. Vagina was loose. Examining<br \/>\nfingers blood stained. Probable duration of injury was<br \/>\nmore than 36 hours.&#8221; It is further stated  by her that &#8220;it<br \/>\nis possible that the prosecutrix was habitual to sexual<br \/>\nintercourse since her hymen was not intact and vagina was<br \/>\nloose.&#8221; The vaginal swab was blood stained which was taken<br \/>\ninto possession and was handed over to the Police along<br \/>\nwith Salwar Ex. P.1 and shirt Ex. P.2 and proved his<br \/>\nattestation on recovery memo Ex. PC. No doubt, with regard<br \/>\nto the incised wound, the duration of this injury had been<br \/>\ngiven as more than 36 hours which means that it was not<br \/>\nco-relatable to the time of occurrence. The Medical<br \/>\nOfficer had not noticed any other injury on her person.\n<\/p>\n<p> 15. The prosecutrix  no doubt had stated in her<br \/>\nstatement that in the scuffle, she had suffered some<br \/>\nscratches on her back. No further information was sought<br \/>\nfrom her as to whether by the time she appeared before the<br \/>\nMedical Officer, those scratches were visible to the naked<br \/>\neye or not. Even the Medical Officer was not specifically<br \/>\nasked whether he had noticed any scratches or any other<br \/>\ninjuries  on other parts of her body. No further<br \/>\ninformation was sought from the prosecutrix on behalf of<br \/>\nthe accused that the room where she was laid down had<br \/>\nrough floor or smooth floor, Therefore, no conclusion can<br \/>\nbe drawn from the statement of the prosecutrix that<br \/>\nscratches suffered by her were skin deep so as to have a<br \/>\nlasting effect upto the time when she was examined by the<br \/>\nMedical Officer. Even the statement of prosecutrix that<br \/>\nteeth bite was given by the accused on her breast did not<br \/>\nleave any mark had not been challenged during the course<br \/>\nof her testimony. Even no information in this regard was<br \/>\nsought from the Medical Officer. Under the circumstances<br \/>\nof the case, it cannot be said that because other injuries<br \/>\nwere not found on her body by the Medical Officer at the<br \/>\ntime of her medical examination that would negate the<br \/>\nprosecution case. In the present case, it is further<br \/>\nbrought out in the statement of the prosecutrix that at<br \/>\nthe time when she was subjected to rape by the accused,<br \/>\nshe caught hold of him and tried to give pushes to him<br \/>\ndespite the fact that the accused had extended threat of<br \/>\nkilling her by knife. Therefore, presumption in terms of<br \/>\nthe requirement of Section 114-A of the Indian Evidence<br \/>\nAct has to be raised apart from the factual position<br \/>\nbrought on record in the statement of the prosecutrix.<br \/>\nFurther merely because the Medical Officer had stated that<br \/>\nthe prosecutrix was habitual to sexual intercourse on the<br \/>\nbasis of finding that hymen was not found intact and<br \/>\nvagina was loose would not justify, in any manner.<br \/>\nConclusion that the prosecutrix had consented to the<br \/>\nsexual intercourse committed on her by the<br \/>\nappellant-accused as sought to be contended on behalf of<br \/>\nthe accused. Merely, because a girl or woman is used to<br \/>\nsexual intercourse does not permit anyone to make her an<br \/>\nobject of prey for sexually assaulting her. It is not a<br \/>\ncase where any information was sought from the prosecutrix<br \/>\nin this regard. It has already been noticed that she had<br \/>\nresisted the accused when rape was being committed on her<br \/>\nby the accused. One cannot ignore her version. The<br \/>\nreport Ex. PK of the Forensic Science Laboratory had also<br \/>\nbeen placed on record which revealed that Salwar mark<br \/>\n&#8216;a-1&#8217; and Kameej mark &#8216;a-2&#8217; in parcel &#8216;A&#8217; were stained<br \/>\nwith human blood though the vaginal swab of the<br \/>\nprosecutrix mark &#8216;b-1&#8217; and &#8216;b-2&#8217;, two cotton swabs besides<br \/>\nthe Salwar and Kameej did not contain seminal stains. It<br \/>\nhas been authoritatively laid down in  <a href=\"\/doc\/146987\/\">State of H.P. v.<br \/>\nGian Chand,<\/a> 2001 SCC (Cri.) 980 that discovery of<br \/>\nspermatozoa in the private part of the victim is not<br \/>\nnecessary to establish penetration because there are<br \/>\nseveral factors which make the non-presence of spermatozoa<br \/>\nas had been laid down in  <a href=\"\/doc\/1091035\/\">Narayanamma v. State of<br \/>\nKarnataka,<\/a> 1994 SCC (Cri.) 1573. In the face of the<br \/>\ntestimony of prosecutrix coupled with the statement of her<br \/>\nbrother, Rajinder Singh, whose presence at the spot is<br \/>\nfully established, it has to be accepted that the<br \/>\nappellant-accused had committed rape on her.\n<\/p>\n<p> 16. Coming to the other submissions made with<br \/>\nregard to the delay in lodging the report, it cannot be<br \/>\nignored that the incident had taken place on 21.1.1989.<br \/>\nThough her father had returned to the house at 3.00 p.m.<br \/>\nbut the report was lodged by the prosecutrix with ASI<br \/>\nOnkar Singh at 1.00 p.m. on 22.1.1989 at the Bus Stop,<br \/>\nKhuian Sarwar. The explanation which had been rendered<br \/>\nfor the delayed lodging of report given by the prosecutrix<br \/>\nis that Boota Singh, father of the accused had come to<br \/>\ntheir house and had threatened to kill them if they lodged<br \/>\nthe report against his son. The threat extended by Boota<br \/>\nSingh had deterred them from immediately lodging the<br \/>\nreport. It was only the next day when the prosecutrix<br \/>\ngalvanised some strength, she along with Sucha Singh and<br \/>\nMohinder Singh, Sarpanch, proceeded to lodge the report<br \/>\nwith the Police.\n<\/p>\n<p> 17. The trial court had not accepted this<br \/>\nexplanation for the simple reason that Mohinder Singh,<br \/>\nSarpanch was inimical to Boota Singh, as complainant Ex. DA<br \/>\nwas made by Boota Singh against him which had been proved<br \/>\nby Amarjit Singh (DW-2) and indictment of Mohinder Singh<br \/>\nas is evident from the inquiry report Ex. DB. The trial<br \/>\nCourt also observed that time had been utilised by<br \/>\nMohinder Singh, Sarpanch to give a coloured version with<br \/>\nregard to the involvement of Boota Singh. No doubt Boota<br \/>\nSingh had been acquitted in respect of the offence under<br \/>\nSection 506 I.P.C. but that circumstance would not have<br \/>\nany effect with regard to the genuineness of the version<br \/>\nof rape rendered by the prosecutrix and her<br \/>\nbrother-Rajinder Singh. Moreover, delay in lodging the<br \/>\nreport cannot be used as an inflexible rule in doubting<br \/>\nthe case of the prosecution and discarding the same. The<br \/>\nonly effect of delay in lodging the report is that the<br \/>\nCourt has to be on guard to find out whether the<br \/>\nexplanation offered by the prosecution is satisfactory and<br \/>\nwhether it had led to the embellishment in the prosecution<br \/>\nversion. In the present case the fact that version of the<br \/>\nprosecutrix with regard to the threat given by Boota Singh<br \/>\nhad not been accepted by the trial Court cannot be taken<br \/>\nas a ground to discard the entire incident of rape. Even<br \/>\notherwise the maximum &#8220;falsus in uno and falsus in<br \/>\nomnibus&#8221; has no application in India. If such principle<br \/>\nis adopted, it would render the administration of criminal<br \/>\njustice non-functional. Thus, there is no merit int he<br \/>\nstand taken on behalf of the appellant-accused in this<br \/>\nregard.\n<\/p>\n<p> 18. As regards the defence version, no doubt both<br \/>\naccused, Harjit Singh and his father Boota Singh had taken<br \/>\nthe plea that they had been involved in this case by the<br \/>\nprosecutrix at the instance of Mohinder Singh, Sarpanch.<br \/>\nIt is totally inconceivable that father and brother of<br \/>\nprosecutrix would level a false case against the<br \/>\nappellant-accused with the help of prosecutrix with story<br \/>\nof sexual intercourse and risk the reputation of the<br \/>\nprosecutrix and future prospects of her marriage which<br \/>\nwould not only bring disgrace and dishonour to her but<br \/>\nalso to the entire family. The defence version as such<br \/>\ncarry no conviction at all and has to be rejected.\n<\/p>\n<p> 19. As regards the sentence, it is spelled out on<br \/>\nrecord that the prosecutrix was aged about 20 years<br \/>\naccording to the Medical Officer on the date of commission<br \/>\nof crime while the appellant-accused was aged about 19<br \/>\nyears. He by his beastly act had not only violated the<br \/>\nbody of helpless girl but had left a permanent stigma on<br \/>\nher which would remain with her throughout her life.<br \/>\nTherefore, while upholding the order of conviction and<br \/>\nsentence awarded by the trial Judge, the appeal filed by<br \/>\nthe appellant is dismissed. The appellant-accused shall<br \/>\nbe taken into custody to undergo the sentence awarded to<br \/>\nhim.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Punjab-Haryana High Court Harjit Singh Son Of Boota Singh Son &#8230; vs The State Of Punjab on 21 February, 2003 Author: R Kathuria Bench: R Kathuria JUDGMENT R.C. Kathuria, J. 1. This appeal is directecd against the judgment dated 11.1.1990 of the Additional Sessions Judge, Ferozepur convicting the appellant-accused under Section 376 of the Indian [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-58871","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.0 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Harjit Singh Son Of Boota Singh Son ... vs The State Of Punjab on 21 February, 2003 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/harjit-singh-son-of-boota-singh-son-vs-the-state-of-punjab-on-21-february-2003\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Harjit Singh Son Of Boota Singh Son ... vs The State Of Punjab on 21 February, 2003 - Free Judgements of Supreme Court &amp; 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