Vishal Singh v. State Of Punjab

  
     !
"#$%#&#
# #  #
' # ' ()* +

,-#. /
 


    

    # 
0$1 2 " 2  #
2#$# #

      



  

!

 

"""

#
2#$# #/"3#14 # 

     $%&'

'

(  )*   +, )*-

.

     15.10.2020 Sadar Patti, District Tarn Taran 376(2)(L) of Indian Penal Code, 1860 (for short 'IPC') /

0   

        

 )*+       

1   23   alleging therein that the victim 'K'    who was her mentally challenged daughter had gone outside their house without informing them on 13.10.2020 at about 9:30 AM. She also used to go outside house without informing her family members previously also. On finding her to be missing, the complainant along with her husband and brother started making search for her and when

 they reached near the fields of Ex-sarpanch of their village, they heard the cries of their daughter and rushed towards that side. They noticed the petitioner while coming out of the crop grown in the field and running away. On reaching inside, they found the victim to be lying in semi nude condition and blood was oozing out of her private parts. She was rushed to the hospital. Her medical examination was also conducted. As the victim herself was not in a position to record her statement therefore, the statement of complainant i.e. her mother under Section 164 of Cr.P.C. was recorded. The petitioner was arrested on 16.10.2020. He was also medically examined. After completion of necessary investigation and usual formalities, challan was presented in the Court and presently the petitioner is facing trial for the commission of the offence punishable under Section 376(2)(L) of IPC. %

# 

 1  

  

 1     

                

              

# ( 1( 



       +

 ++   4   

   

  



 5  1    + 1  5   + 

 1 

 1    

 +

$

 

 1   ,  +

  

1 4      ++ 

 .-  1 .          +

# 

 1    )*+   

  1         67$'

'

*       

           2!3   +  8,71   

#       

#      4 

 !    +  

 

4        +  +  1   1     # 

     

 +

*

     +        

 

   1

     6% 6:

/:/:

     + 1       

1;  

    +      +       1 +    +   

4   

+ + <     

  

 1.-     1

      

=

'  

    4 8, 6    8,/



     

 

  +    6% 6:

/:/:

 4   1    



+ 1  +>              1      + 1 + 11   ;

       1

 8,72!3   who is maternal uncle of the petitioner. In his sworn deposition shown to be recorded on 30.01.2024, he supported the prosecution version with regard to the victim who is her niece having gone missing from the house and then about the fact that he along with his sister and brother-in-law started making serach for her. He stated that on hearing some shrieks from the agricultural land belonging to Ex-sarpanch Jatinder Singh they rushed to that direction and found that the petitioner while fleeing from the fields. He also stated that he had identified the petitioner and had seen the victim while standing in a semi nude condition and she was bleeding. He also deposed that the respectable members of their area had tried to bring out compromise between the parties but no such compromise was arrived at.

Though, during cross-examination, he stated that he could not hear the cries of his niece and her sister had told about this fact to her but it is clear from his testimony that he could not be shattered on the point that the victim was found in the fields in a semi naked condition and the petitioner was seen by him while fleeing from the spot.

 petitioner though this court cannot go into that question at this stage, since it is for the trial Court to decide the same. However, keeping in view the nature of the evidence which has come on record in the form of testimony of PW-6 'G' 

      4 + 

      +             1  +              +   

4    

+ +    

 1       +    (  1  

 

*         4 



 

   5

        

?

   

     1  

5#
2#$# #6 " '

,-#. /