JAWAHAR LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jawahar Lal appellant was convicted by the learned Sessions Judge, Hoshiarpur for offences punishable under sections 363/366/376 of the Indian Penal Code and awarded sentence as under:

(2.) All the substantive sentences of imprisonment were ordered to run concurrently. Feeling aggrieved against the above referred order of conviction and sentence, the appellant has come up in appeal.

(3.) The brief resume of facts relevant for the disposal of this appeal is that Ms. Ramna Kumari about 15 years old alongwith her grand-father Ram Kishan and mother Mst. Sushila used to reside jointly in village Koi. During the days of this occurrence, she was preparing for matriculation examination. On 21st March, 1984 she got up early in the morning and went out for easing herself. She accosted Jawahar Lal accused in the street just outside her house. The accused gagged her mouth and took her forcibly to his nearby General Merchant shop. He committed sexual intercourse with her against her will. The accused cleaned his private parts with his underwear and concealed it in the shop. The accused took the prosecutrix to a deserted hut located in the fields and detained her there for two nights. During this interval, he indulged in sexual orgy with her against her will. On 24th March, 1984, he took the prosecutrix towards Hoshiarpur on the pretext that he would effect Court marriage with her. In the meanwhile, Ram Kishan, grandfather of the prosecutrix on his failure to locate the prosecutrix and on finding the accused missing from his shop and house, lodged report Ex. PA on 23rd March, 1984 at about 12.30 PM with Assistant Sub-Inspector Tarlochan Singh on Bus Stand, Bhunga. On the basis of this statement Ex. P A, formal First Information Report Ex. PA./2 was registered against the accused for offences under sections 363/366 of the Indian Penal Code. The Investigator then took in possession the school certificate Ex. PC of the prosecutrix depicting her date of birth as 9/1/1969. He went to village Koi in search of the accused and the prosecutrix but failed to locate them. On 24th March, 1984, the accused and the prosecutrix were found present at Bus Stand Dhoot Kalan. The accused was arrested in the presence of Ram Kishan and Vijay Singh witnesses.