SHAKIL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused Shakeel-appellant herein was found guilty and convicted under Sections 363/366/376 of the Indian Penal Code, vide judgment of conviction dated 5th November, 1990. After hearing the accused on the quantum of sentence on the same date, the learned Judge sentenced the accused to undergo rigorous imprisonment for two years under Sections 363 of the Indian Penal Code, three years rigorous imprisonment under Section 366 of the Indian Penal Code and seven years rigorous imprisonment under Section 376 of the Indian Penal Code. All sentences were ordered to run concurrently.

(2.) Challenge to the said judgment by the accused in the present appeal is mainly on the ground that the prosecutrix was a consented party. Her conduct through the entire period when she was with the accused shows that the basic ingredients of offence of rape and kidnapping are no satisfied. Both accused and the prosecutrix are stated to have gone various places and as such prosecutrix had ample opportunities to inform any person or even to police that she was being forcibly kept by the accused. In order to appreciate the contentions raised on behalf of the appellant, reference to the case of the prosecution would be necessary.

(3.) The accused was committed to the Court of Sessions to stand trial for the offences afore-noticed. The case of the prosecution has been noticed by the learned trial court precisely in the following terms:-