RAKESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prosecution case in brief is that Sonu (the prosecutrix) is the daughter of Kulwant Rai resident of Plot No.22, New Chandan Nagar, Haibowal Kalan, Ludhiana. She has two brothers. Her father and brothers used to be away since morning in concession with their business and Rakesh Kumar-accused was their tenant in one room of their house, in their absence Rakes Kumar used to have amorous talk with Sonu. Sonu being a girl of tender age could not understand his modus-operandi and was taken in by his sweet talk. Her parents got the room vacated from Rakesh Kumar, Rakesh Kumar got pan time job at the shop of Junesh Kumar alias Happy which is situated near their house. There is a shop of one Sardar where she used to go for taking milk. There Rakesh Kumar used to propose her for marriage with him. On 18.3.2000 at about 7.30 P.M. her mother asked her to throw out in the street cooked Baal because it had become unfit for consumption. When she went out for throwing that cooked Baal, Rakesh Kumar was standing in the street. He called her saying listen to me". As she had known Rakesh Kumar she went a little further in the street. He gave her handkerchief saying that some daal was sticking on her face. She wiped her face tittle that handkerchief but became little unconscious. He took her to Railway Station. He boarded her in a train and took her to Orissa. On the way Rakesh Kumar-accused gave her intoxicating tablets On 20.3.2000 (Monday) they were in Orissa, Rakesh took her to his house where Rakesh Kumar's mother and bhabhi were there in the house. They were talking in Uriya which Sonu could not follow. After reaching Orissa on 20.3.2001 at night Rakesh removed her salvar and had sexual intercourse with her against her will and without her consent. He had sexual intercourse with her against her will and without her consent every day daily till Saturday. Feelirg that her life had been spoiled by Rakesh Kumar, she pressed upon him to take her to Punjab, Rakesh Kumar brought her to Ludhiana on 28.3.2000. At Ludhiana they were intercepted by Haibowal police in view of case F.I.R. No.44 dated 21.3.2000 having been registered against Rakesh Kumar under Sections 36.11366/120-B of the Indian Penal code at P.S. Haibowal on the statement of Kulwant Rai Ex, PJ. Her statement was recorded. Sonu was got medically examined at Civil Hospital, Ludhiana Rakesh Kumar-accused was also got medically examined at Civil Hospital, Ludhiana. After investigation accused was challaned under Sections 363/366/376 of the Indian Penal Code.

(2.) Case was committed to the Court of Session by Judicial Magistrate 1st class, Ludhiana vide order 6.9.2000.

(3.) Accused was charged by the Additional Sessions, Ludhiana under Sections 363/366/376 of the Indian Penal Code vide order dated 30.9.2000. Accused pleaded not guilty to the charge and claimed trial.