KASHMIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment/order passed by the learned Sessions Judge, Jalandhar, vide which the appellant has been convicted under Sec. 366 Indian Penal Code and sentenced to undergo R.I. for 2 years and to pay a fine of Rs. 500.00 and in default of payment of fine, to further undergo R.I. for three months.

(2.) The case of the prosecution in brief is that on Feb. 16, 1998, in the area of village Pandori Musharkati, Kashmir Singh appellant kidnapped Darshana alias Darsho with intent that she may be compelled or seduced to illicit intercourse and the appellant committed rape upon her.

(3.) After completion of the investigation, the challan as presented before the Judicial Magistrate, since the offence committed by the appellant was triable exclusively by the Court of Sessions, the case was committed to the Court of Sessions under Sections 376/366 Indian Penal Code.