TILAK RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Tilak Raj son of Madan Singh stands convicted vide impugned judgment of learned Additional Sessions Judge, Hoshiarpur dated 1.8.1988 under sections 363/366/376 of Indian Penal Code and has been sentenced as under :

(2.) In short, the case of the prosecution is that Narinder Kaur prosecutrix who was a student of Government High School, Hardokhundpur, was abducted by the appellant in a deceitful and fraudulent manner in order to gratify his sexual lust.

(3.) The appellant was a teacher/Incharge of section A of 10th class at Government High School, Hardokhundpur. He was posted there as Social Studies Master for the academic session 1985-86. He used to check the home task of his class students and Narinder Kaur prosecutrix used to take tuition from Tilak Raj appellant. It is then the case of the prosecution that in the first week of November 1985 at about 8/9 A.M. Narinder Kaur had gone to the house of the appellant to take tuition and at that time he was alone at his house. He allegedly raped her there and threatened her that in case she disclosed that fact to anybody, he would get her failed in examination. Narinder Kaur consequently returned to his house. It is then the case of the presecutrix that evey Sunday she visited the house of appellant. for taking tuition and whenever she visited his house, he used to rape her and this state of affairs continued till commencement of the matriculation examination. It is further the case of the prosecution that on April 8, 1986 examination in science practical was to be held and when she was on her way to the school for taking science practical examination, the appellant had allegedly met her on the way and told her that the examination would not be held on that day and, asked her to accompany him as he wanted to marry her. Both of them then went to Chandigarh via Pathankot in a bus. Narinder Kaur was kept at the house of sister of appellant at Chandigarh till 14.4.1986 where he used to commit sexual intercourse with tier. On the other side Dhiraj Singh (PW 13) father of Narinder Kaur also started searching her in his relations as she had not returned from her school and ultimately on April 10, 1986 he reported the matter to the police showing his suspicion towards the appellant regarding the dis-appearance of his daughter. Narinder Kaur was ultimately taken from the custody of the appellant, on 15.4.1986. It is then the case of the prosecution that from the possession of the appellant a forged certificate showing the prosecutrix to be on higher age, was allegedly recovered. The appellant, thus, was booked in the present case.