BHAJNA SINGH NAND SINGH Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Bhajna who has been sentenced to one year's rigorous imprisonment under Section 366, Indian Penal Code for having enticed Jarnail Kaur, a married woman, on 12th November, 1959, from village Pandori Jagir, where she was residing in her parents' house.

(2.) JARNAIL Kaur, whose age has been found to be 16 years by the learned Sessions Judge, is the daughter of Nazir Singh who is serving in the Army. She is a married woman, but she quarrelled with her husband after having lived with him for about a year. She came to live with her brothers and mother at Pandori Jagir village a few months before the present occurrence.

(3.) AT about 7. 00 p. m. on 12th November, 1959, Jarnail Kaur had gone to the fields to answer the call of nature. She was accosted by the appellant Bhajna and Sohan Singh. Bhajna is a servant of Sohan Singh and Sohan Singh is related as uncle to Jarnail Kaur. Sohan Singh and Bhajna told Jarnail Kaur that though she had come away from her husband after a quarrel they would arrange for another match for her and wanted her to accompany them. She readily agreed to accompany Sohan Singh and Bhajna who took her to village Gurre to which village the appellant belongs. Before proceeding to village Gurre both the appellant and Sohan Singh raped her. Before reaching village Gurre, near the cotton fields, she was again subjected to rape by both Sohan Singh and the appellant. She was then taken to the house of Bhajna in village Gurre where she was kept for about five days. During this period Charan Kaur and Harbans Kaur, mother and sister respectively of Bhanja appellant, kept her company. From village Gurre the appellant Bhajna, Charan Kaur, and Sohan, took her to village' Kandhola and from there to village Kangniwal. Ultimately she was brought to Jullundur where she was asked to sign a document which, she was told, was an application for maintenance against her husband. She then raised a noise on which the appellant Bhajna and Sohan Singh ran away. She and Charan Kaur were then apprehended by the police before whom she narrated her story. She was subsequently placed in a rescue home from where she was taken before a Magistrate, Mrs. Gill, who recorded her statement.