BHAGWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been instituted by Bhagwant Singh son of Anup Singh against judgment and order dated 11.10.2001 passed by the Additional Sessions Judge, Amritsar, whereby he was found guilty and convicted under Sections 363, 366A, 506, 343 and 376 IPC and sentenced to RI for three years and a fine of Rs. 500/ - under Section 363 IPC; in default of payment of fine, to further undergo RI for one month; to RI for 5 years and a fine of Rs. 1000/ - under Section 366A IPC; in default of payment of fine, to further undergo RI for two months; RI for 7 years and a fine of Rs. 2000/ - under Section 376 IPC; in default of payment of fine, to undergo RI for 3 months; to RI for three months under Section 506 IPC and RI for another three months under Section 343 IPC. However, all the substantive sentences were ordered to run concurrently.

(2.) Briefly stated, the facts are that PW -1 Daljit Kaur was student of 10+2 class in Gaggo Bula School on 23.10.1997. On that day about 8.30 P.M., she had gone out of her residential house to answer the call of nature. When she was returning to her house, the appellant, who used to run a Karyana shop at Bus stand of Village Gaggo Buha met her and told her that he would take her forcibly and contract marriage with her and if she raised alarm, she would be murdered. Under the fear of being hurt, she did not raise alarm and sat on the moped of the appellant, who took her to Village Kambo. On the same night, the appellant, his father Anup Singh and mother Parkash Kaur, hatched a conspiracy between themselves and took Daljit Kaur in a car to a Haveli across Harike river. There another co -accused, Bawa Singh, joined them. They kept Daljit Kaur in illegal detention for about five days. During night, the appellant used to commit rape upon her. On 25.10.1997, the appellant and his co -accused Bawa obtained her signatures on some blank papers under threat of death to Daljit Kaur. Daljit Kaur appeared before the Sub Divisional Magistrate, Tarn Taran on 29.10.1997 where her statement was recorded. She expressed desire to go to her parents. However, she did not disclose the factum of rape by the appellant. Case was registered upon the statement of Daljit Kaur, Ex.PA.

(3.) AFTER completion of the investigation, the present challan was put up in the Court of Judicial Magistrate Ist Class, Tarn Taran, who, in turn, vide his order dated 19.9.1998, committed the case to the Court of Sessions.