BALJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants were tried by Additional Sessions Judge, Jalandhar for offences punishable under Section 354 and Section 366 read with Section 511 IPC. Vide judgment and order dated 21.8.1998, the trial Court acquitted both the appellants under Section 366 read with Section 511 IPC. However, they were convicted under Section 354 IPC and sentenced to undergo rigorous imprisonment for a period of 9 months and to pay a fine of Rs.500/- each. In default of payment of fine, the defaulting appellant was to undergo further rigorous imprisonment for 3 months.

(2.) According to the prosecution, on 6.8.1996 at about 4.30 P.M., when the prosecutrix, while going to the house of Avtar Singh, Sarpanch, where she worked as a maid servant, reached near the house of one Ghuli Sansi, a white gypsy vehicle was standing there. She kept on walking and reached near the house of Balbir Singh, Lamberdar. In the meantime, the aforementioned gypsy, driven by Baljinder Singh- appellant, reached there. Gurmukh Singh-appellant was also sitting in the front seat of the gypsy. Both of them stopped the gypsy and after alighting from the same, caught hold of the prosecutrix forcibly from her arms. They dragged her in order to seat her in the gypsy. She was also threatened that in case of her raising alarm, she would be killed. However, the prosecutrix managed to raise an alarm, which attracted her employer Avtar Singh, Sarpanch and one Naresh Kumar. On seeing them, the appellants fled away from the scene in their gypsy. An attempt was thereafter made by the villagers to effect a compromise between the parties but the same did not materilise. Ultimately, on 10.8.1996 the prosecutrix, while accompanied by her father Gulzari Ram and her employer Avtar Singh, Sarpanch left for the Police Station to lodge a report when ASI Gurmukh Singh met them at Bus Stand Karnana, where the statement of the prosecutrix was recorded on the basis of which formal FIR was registered at Police Station Banga. After completion of the investigation, the police presented final report under Section 173 Cr.P.C. against the appellants. Later on, they were charged for the offences under Section 354 and Section 366 read with Section 511 IPC to which they pleaded not guilty and claimed trial.

(3.) In order to prove its case, the prosecution had examined PW1 prosecutrix, PW2 Madan Lal-Draftsman, PW3 Ravinder Kumar, PW4 Dilbagh Singh, PW5 SI Mohinder Singh, PW6 Avtar Singh, Sarpanch, PW7 Naresh Kumar, PW8 Constable Satwinder Singh and PW9 SI Gurmukh Singh.