SATBEER SINGH Vs. STATE

JUDGEMENT

(1.) 4 persons, Suresh Kumar, Azad Singh, Kukku and Satbir Singh were the accused in Sessions Case No.448/1988, arising out of FIR NO. 96/85 dated 6,5.1985, P.S. Najafgarh. Azad Singh and Kukkoo died during trial. Suresh Kumar @ Patwari was convicted under Section 363/366 and Section 376 IPC. Appellant Satbir was convicted under Section 363/366 IPC and Section 328 IPC Sentence imposed was 5 years R.I. for each of the offence. Sentences were to run concurrently.

(2.) Suresh Kumar @ Patwari did not challenge his conviction. He has undergone the sentence imposed. Present appeal stands filed only by Satbir. In this appeal, therefore, I would not be concerned with the offence committed by Suresh under Section 376 IPC save and accept the facts which are interlinked with the offence under which the petitioner was charged.

(3.) On 6.5.1985 prosecutrix Sunita made a complaint to PW.II S.I. Jagdish Prashad, pursuant whereto an FIR No.96/85 under Section 328/363/376 IPC, P.S. Najafgarh was lodged at 8.15 a.m. complaint stated: Statement of Sunita Kumari D/0. Gaje Singh caste Batmiki, aged 14 years. I reside with my parents in Village 3horada Kalan, P.S.Najafgarh. I am a student of class 8. On 4.5.1985 at about 7.30 p.m. I had gone to the fields to ease myself where I saw Patwari, Azad Singh, Satbir Singh and Kukkoo standing together. When I crossed them Patwari caught me and Satbir pushed a PEDA in my mouth. Both grasped me. I became unconscious. I regained consciousness at about 10.30 in the night. I found myself inside a house. All 4 persons were present. On enquiry I was hold that this was the house of patwari in village Ausada. Stating that they would come next night, Azad Singh, Satbir and Kukkoo left me with Patwari who by threat, inducement and fraud (dhamka kar, behkakar and fuslakar) kept me all night and had intercourse with me. Next day on 5.5.1985 when patwari left me alone in the house, I, finding an opportunity to escape came out of the house and reached home in the evening. My father was not at home. I narrated in my plight to my mother Khazani and maternal uncle Sumer Singh. Today I along with my maternal uncle was proceeding to the police station to lodge a complaint when you met me at the bus stop and you recorded my statement."