SATISH KUMAR Vs. U.T. ADMINISTRATION

JUDGEMENT

(1.) IN this appeal Satish Kumar has assailed the judgment dated 14.5.1986 recorded by Shri M.K. Bansal, the learned Additional Session Judge, Chandigarh, whereby he convicted the appellant for offences under Sections 376, 366 and 363 of Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 500/- for the offence under Section 376 Indian Penal Code to undergo rigorous imprisonment for three years for the offence under Section 366 Indian Penal Code and for two years for the offence under Section 363 IPC.

(2.) THE facts of the case giving rise to this appeal are that Krishan Lal PW 9 lived in House No. 22, Sector 14, Chandigarh alongwith his wife and children including his eldest daughter Seema PW 5. On 3.7.1985 at about 8.00 p.m. Seema went to the common latrine, where Satish Kumar accused-appellant met her and asked her to accompany him Seema refused but she was compelled to sit on his cycle on the point of knife. She was taken to village Dhanas where she was kept in House No. 910 belonging to Girdhari PW 7. The accused raped her during the night. On the next date he took her on his cycle and both roamed about. They spent night in a temple at village Kahnpur and from there Seema was taken to Bhadi. She was kept in the house belonging to the uncle of the accused where she was again subjected to rape twice. She was then brought to the house of Girdhari in village Dhanas.

(3.) SEEMA was got medically examined from Dr. Mrs. G.K. Dhillon, who issued certificate Ex PB according to which the tear of hymen was old and healed and vagina admitted two fingers easily. The doctor referred the prosecutrix for X-ray examination to determine her age.