PANNA LAL Vs. STATE

JUDGEMENT

(1.) Paiina Lal is the appellant. He has been convicted and sentenced under sections 363, 366 and 376 of the Indian Penal Code. The prosecutrix is Pushpa (PW6). This is how she and her father (Public Witness 7) unfold the sordid drama of kidnapping and violation of her body at the hands of the appellant and her subsequent recovery.

(2.) Pushpa used to live in a quarter in Lodi Road alongwith her parents. She was friendly to one Bhagwati and since said Bhagwati was married to the appellant, she came to know him also. On May 19, 1973 at about 9 PM while she was sitting alongwith her younger brother and Panna Lal, she was invited by Panna Lal to see a movie. She refused. This was followed by an offer, again from his side, to accompany him and his wife to India Gate. She agreed. They remained at India Gate for about 5 minutes. Thereafter she was taken to his quarter at Sewa Nagar and kept there for the night despite her protest. That night saw Panna Lal committing rape on her person while his wife slept cosily on the roof. Next day he took her to Vasant Vihar and confined her into a room belonging to one Kallu.

(3.) While Pushpa was undergoing that traumatic experience, her hapless father Sukh Dev (Public Witness 7) was away to his native village. When he returned on May 20, he was informed that Pushpa was missing since May 19. He searched for her. Since he met with no success he lodged a report with the police on May 24. It was on May 25 that she was recovered from the room of Kallu where she was found sitting with the appellant and his wife Bhagwati.