Briefly noticing, the facts of the case are that FIR No 102 of 1996 was registered at Police Station Hariana, District Hoshiarpur, under Sections 366, 376, 342, 506 and 34 IPC against the appellants i.e. Avtar Singh, Sohan Lal and the acquitted accused, Gian Singh by the complainant, prosecutrix herself i.e., XYZ [name withheld].
Again, early in the morning also, Avtar Singh committed rape on her by showing her a knife. At that time, she came to know that the room in which she was detained, was part of the haveli of Gian Singh. In the morning on 24.07.1996, Avtar Singh and Sohan Lal took the prosecutrix to the ‘Bajra’ field behind the haveli of Gian Singh and again committed rape on her, turn by turn, against her consent.
On appreciating the evidence produced by the parties, vide judgment dated February 27, 1999, the trial court convicted Avtar Singh under Sections 366, 376(2)(g), 342, 506 IPC & Sohan Lal under Section 342 and 376(2)(g) IPC and sentenced them to undergone imprisonment for a period of 10 years, respectively, whereas the accused, Gian Singh was acquitted. The main incident was stated to have taken placed in the room of the haveli of Gian Singh, where the accused and the prosecutrix had remained for two days.
There is further discrepancy in the evidence lead by the prosecution as the prosecutrix stated that she had handed over her clothes namely salwar and shirt to the Investigating Officer at the police station whereas her mother, Bakshish Kaur (PW6).
In another room, goods of Gian Singh were lying, as on the same plot, house of Gian Singh was under construction and in another room, some labourers were residing. It is a case in which rape was committed on the prosecutrix by three accused, namely Avtar Singh, Sohal Lal, and Gian Singh, though one of them was acquitted by the trial court. Thereafter, Avtar Singh left the place and Gian Singh committed rape on her throughout the day on July 23, 1996. It is the case of the prosecution itself that the room in which the prosecutrix was allegedly detained and raped for two days by three persons is located in an under-construction haveli of Gian Singh where labour was working throughout the day.
There is nothing in the evidence laid by the prosecution that there was any threat to the prosecutrix on 23.07.1996 when she remained in the room with Gian Singh, alone.
Even in her statement, Bakshish Kaur (PW6), mother of the prosecutrix had stated that “ the kothi (haveli) was under construction and labourers were working on the roof as well as inside.”
The statement of the prosecutrix that she was raped throughout the day in open in a field where ‘Bajra’ crop was standing, is not found to be plausible or persuasive. The prosecutrix had stated that she had handed over her salwar & kameez (shirt) to the police which had stains of semen, whereas her mother, (Bakshish Kaur)-PW6, while testifying had stated that she had handed over the clothes of the prosecutrix to Sadhu Singh who in turn had given them to the police. From the statement of the doctor, Renu Kumari (PW1) who examined the prosecutrix (PW4), the claim of the prosecutrix is further belied.
However, when Rattan Chand appeared in court as DW-2, he completely denied this fact.
Gian Singh was acquitted by the trial court noticing the stand of the prosecutrix that there was party faction in the village and both the parties belonged to different sections. ( Hima Kohli) ______________, J.
Case Title: AVTAR SINGH Vs. THE STATE OF PUNJAB (2023 INSC 669)
Case Number: Crl.A. No.-001050-001050 / 2013
