TRILOK SINGH Vs. STATE

JUDGEMENT

(1.) This is an appeal by Trilok Singh who has been convicted Under Sec. 363 IPC and sentenced to undergo two years rigorous imprisonment. He has also been convicted Under Sec. 376 IPC and sentenced to undergo rigorous imprisonment for a period of four years. Both the sentences are to run concurrently.

(2.) Brieflly stated, the prosecution case was this. Trilok Singh Appellant was a tenant in Lal Bahadur's house in Mohalla Sadiapur of Allahabad district. About a year before 3 -1 -1964, because of his undesirable association with Ghuran Devi, the daughter of Lal Bahadur (PW 1), Trilok Singh had, to be turned out of the house. Ghuran Devi herself had to be withdrawn from the school where she was being educated. Trilok Singh then started living in Moti's house at a short distance from Lal Bahadur's house and often visited and talked with Ghuran Devi. On the night between 2nd and 3rd January, 1964, Ghuran Devi and her parents were sleeping inside a room. In the morning Lal Bahadur found the door open and the girl gone from the room. When she did not return after sometime he made enquiries about her in the neighborhood and then went to his relations at Kydganj and Daraganj to search her there. He also searched for her at the I.T.I., Naini, where Trilok Singh had been employed at the time and learnt there that Trilok Singh had been transferred to Hardwar. On 6 -1 -1964, Lal Bahadur lodged a FIR at PS Kotwali at 11 p.m. The police recovered the girl on 21 -3 -1964, from the Hata of Pt. Rameshwar at Hardwar, where she was living in a room occupied by Trilok Singh. The girl was examined at Chain Rai Women's Hospital, Hardwar, on 23 -3 -1964 at 9.30 a.m. She was found to be about 16 years of age by appearance. After medical examination showing that she had been habituated to sexual intercourse the Appellant was charge sheeted.

(3.) The Appellant pleaded not guilty and alleged that she was not taken away by the Appellant, that she was more than 18 years old at the time, that she had herself reached the station from her house and had even reached Hata of Pt. Rameshwar at Hardwar herself and that he had not taken her there. He however admitted that she lived with him there. He also denied before the Court below to have had any sexual intercourse with her, although he had stated earlier in the court of the committing magistrate that he had sexual intercourse with the girl with her consent. They have been married in Phagun last after his connection in October 1964, about 3 years ago.