PREM SINGH Vs. STATE

JUDGEMENT

(1.) The appellant Prem Singh (27) who was employed as a compounder in the Kotli Dispensary Tehsil Sadar, :ind was residing at Chappanu has been convicted by the learned Sessions Judge, Mandi under Section 363, Indian Penal Code. and sentenced to undergo six months rigorous imprisonment, in addition to pay a fine of Rs. 100.00 (in default to undergo further rigorous imprisonment for one month) and under section 376, Indian Penal Code. to undergo two years rigorous imprisonment and to pay a further fine of Rs. 200.00 (in default to undergo rigorous imprisonment for a further period of two months).

(2.) The facts are simple. Mst. Hima (P.W. 7) is the daughter of Mst, Achhari (P.W.5) who had formerly married one Bhagat Singh (deceased) but had later married Lachman (P.W.4), who had let out a portion of his house where he had a halwai shop) to the appellant for his residence. He became physically intimate with Public Witness 7. When the appellant )who seems to have been married already) expressed his wish to Public Witness 4 to marry Public Witness 7, Public Witness 4 not only refused but asked the appellant to vacate the house. The appellant thereupon resided in the house of Dagu, wherein the dispensary was situate.

(3.) In January 1968, Ramji (P.W.6) heard a rumour that Public Witness 7 had become pregnant from the appellant and informed Public Witness 4, who in turn conveyed it to Public Witness 5. When Public Witness 7 came home from school for lunch, Public Witness 5 told her that Public Witness 4 had come to know about the entire affair, whereupon Public Witness 7 did not take her lunch but left. She did not go back to school but went to the appellant and informed him about this. The appellant told her that she could go to Mandi where he would follow her. Public Witness 7 went back to school and handed over her books to Mst. Gayatri (P.W. 13), her class mate, who in turn handed it over at her house.