Harjinder Singh and Others vs State of Punjab

S.S. Saron, J.—Heard counsel for the parties.

The Applicant-Ramandeep Singh (Appellant No. 3) seeks suspension of sentence during the pendency of the appeal. Learned Counsel for the State has filed an affidavit of Shri Joga Singh Sekhon, Superintendent District Jail Sangrur, in terms of which the Appellant-Applicant has undergone imprisonment of one year, one month and ten days upto 09.02.2011 out of the sentence of seven years. The Appellant-Applicant Ramandeep Singh has been convicted by the learned Additional Sessions Judge, Sangrur for the offence u/s 376 IPC. He has been sentenced to undergo rigorous imprisonment for seven years; besides to pay a fine of Rs. 500/- and in default of payment of fine to undergo rigorous imprisonment for 15 days. He has also been sentenced to one year rigorous imprisonment for the offence u/s 323 IPC. The sentences of imprisonment have been ordered to run concurrently.

The statement of the prosecutrix was recorded in Civil Hospital, Sangrur by ASI Sher Singh. According to the prosecutrix, on 22.07.2005 at 2.30/3.00 p.m. she was going from her house to the fields and when she reached near the Canal, then from the side of village Kapial, a Gypsy vehicle, an Indica Car and a Ford tractor came near her and stopped. Out of these vehicles, her father-in-law Gurbachan Singh, brother-in-law Harjinder Singh, Gagandeep Singh and Ramandeep Singh (Appellant No. 3-Applicant) sons of Gobinder Singh and Lovely son of Prem Singh came out of the gypsy armed with rifles. Besides, they were drunk. Harjinder Singh and Gagandeep Singh fired from their rifle in the air. The prosecutrix got frightened. Thereafter, her father-in-law Gurbachan Singh raised a lalkara that the prosecutrix be caught and killed. Then Harjinder Singh, Ramandeep Singh (Appellant No. 3-Applicant) and Gagandeep Singh started beating her with rifles from its reverse side. They caused injuries on her thighs, arms and other parts of the body. Thereafter, she was dragged into the fields by them and rape was committed on her. On hearing her cries, Raghbir Singh son of Kaku Singh reached at the spot and he got her freed.

The husband of the prosecutrix had died about 8 years earlier to the incident and civil litigation, regarding the property of the husband of the prosecutrix was pending against her father-in-law-Gurbachan Singh. The medical examination was conducted by Dr. Sumandeep Kaur, PW-2, Medical Officer, Civil Hospital, Sangrur. Dr. H.S. Bedi, M.O. constituted a Board of Doctors comprising of Dr. Ravinder Kaler, Dr. Sukhwinder Kaur and Dr. Sumandeep Kaur PW-2. They examined the prosecutrix, who was brought by her sister-in-law Ranjit Kaur. The medical examination of the prosecutrix was conducted after 72 hours of the incident when she is said to have been raped. The Chemical Examiners reported that there was no spermatozoa alive or dead in crevical swabs smear from posterior formix. The abrasions mentioned were superficial in nature and these could be self-suffered. In defence, DSP Pritpal Singh, DW1 was examined, who stated that he has conducted an enquiry on instructions of I.G., Zonal Patiala and as per his investigation, no offence was committed by the accused persons.

The contentions as raised are to be considered at the time of final hearing. The appeal is not likely to mature for hearing in the near future. Keeping in view, the facts and circumstances of the case and the period of imprisonment undergone by the Appellant No. 3-Applicant Ramandeep Singh, it would be just and expedient to suspend the sentence of the Applicant-Appellant No. 3.

In the circumstances, the criminal miscellaneous application is allowed and the sentence of imprisonment of the Applicant-Appellant No. 3 Ramandeep Singh, during the pendency of the appeal, shall remain suspended subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Sangrur.