SANJAY KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is the judgment and order dated 11.7.2003 passed by Sh. Sunil Kumar Arora, Additional Sessions Judge (Adhoc), Fast Track Court, Ludhiana, vide which the accused appellant has been convicted under Section 363 IPC but has been acquitted under Section 376 IPC.

(2.) The case of the prosecution as enumerated from the record is that complainant Balbir Singh alongwith his wife, two sons and daughter prosecutrix (name not disclosed on account of directions of Hon'ble the Supreme Court) at the time of occurrence was residing in Mohalla Preet Nagar, Ludhiana. The prosecutrix was born on 21.6.1981. Accused Sanjay was also residing in the same Mohalla in a rented room. He was doing the job of Mason in a house situated in front of the house of the complainant. Earlier the accused used to tease the victim for which he was warned by the complainant but to no effect. On 8.8.1998 complainant, his wife and prosecutrix had gone to the house of his brother-in-law Darshan Lal situated in Field Ganj Area, Ludhiana, as his wife has to join her brother for Raksha Bandhan ceremony. The prosecutrix went to market to take ice cream.

(3.) While she was coming back, accused met her on the way and by putting her under the fear of death, kidnapped her from the lawful guardianship of her father with an intention or knowledge that she will be forced to marry accused or seduced her to illicit intercourse. She was taken to a place in Himachal Pradesh, from where she was taken to Andhra Pradesh to the house of maternal uncle of accused, who in turn did not allow them to enter their house. The victim was taken to slum where they stayed for 15-20 days. She was then taken to some un-known place and then to Faridabad. Accused Sanjay Kumar during this period, at different stations forcibly committed rape upon her against her will and consent and after about two months, they were apprehended by the police.