BHOLE SWAMI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 03.11.2000 (hereinafter referred to as 'impugned judgment') whereby the accused-appellant has been convicted for the commission of offence punishable under Sections 376, 366, 363 and 324 of the Indian Penal Code (for short, 'the Code') and has been awarded sentence as under :-

(2.) Brief facts of the case which need necessary mention for just decision in the case are that on 11.2.2000, complainant-Sukhdev Singh, made a statement before SI Tej Pal Singh, Police Station Sadar, Hoshiarpur, to the effect that on 09.02.2000, while he was on his way to his home, along with his wife, Bimla, and daughter (the prosecutrix), from his land situated at Banjar Bagh, and reached near the Bhangi choe, the prosecutrix went to answer the call of nature whereas the complainant and his wife returned back to their house. When the prosecutrix did not return to the house till 8.00 p.m., the complainant tried to search her but in vain. On 10.2.2000 also, the complainant continued to search the prosecutrix at his relatives' place, but she could not be found.

(3.) The complainant was having full faith in a temple, namely, Baurian Mandir, and on 11.2.2000 at about 5.30 p.m., he along with one Ram Dass, visited the temple to pay obeisance. At that time, the prosecutrix saw the complainant from the ventilator of the room situated in the temple premises, and said in a loud voice that she had been kidnapped by the accused-appellant, Bhole Swami, Pujari of the temple, on 9.2.2000 and illegally confined in the room which was locked from outside by him. She also told the complainant that she was raped by the appellant forcibly on Wednesday and Thursday, and she be rescued.