VIDYA PARKASH AND ANR. Vs. THE STATE

JUDGEMENT

(1.) THIS appeal by Vaidya Parkash and No. 94 of 1952 by Uggar Singh arise out of the same judgment of S. Diali Ram, Magistrate 1st Class, Barnala exercising enhanced powers under Section 30, and Criminal Procedure convicting the former under Section 376, I.P.C. and the latter under Sections 366. 376, 392/397, I. P. C. but they were acquitted of robbery and Vidya Parkash was also acquitted of the offence of abduction. Each of them has been awarded seven years' rigorous imprisonment for rape and Uggar Singh has been awarded 5 years' rigorous imprisonment under Section 366 in addition.

(2.) THE facts are these: On (6 -12 -1951 Mt. Surjit Kaur a young woman of 20 years, and her husband Chand Singh left their village Arthurian for village Rama Nandi where the parents of the former reside. A short while after getting down the train at Mansa they boarded a bus which dropped them at village Bajewala which was a mile distant from Rama Nandi. By that time night had set in, but it was a moonlit night. To cover the remaining journey the couple set out on foot and had hardly gone about 200 karams when they were held up by three persons, two of whom were armed with fire -arms, one holding a pistol and the other a pun. One of the offenders caught Chand Singh by the hair oh his head while the other two held Mt. Surjit Kaur. The offender who had put his hands upon Chand Singh threatened him with death if he tried to rescue his wife and did not leave the place. Chand Singh extricated himself from his grip and ran towards his wife to protect her from her assailants. He was handled roughly and driven back to some distance from Mt. Surjit Kaur.

(3.) AFTER completion of the investigation the accused were forwarded for trial with the result as above stated. In proof of their story the prosecution examined Mt. Surjit Kaur, Chand Singh, Puran Singh, Mehar Singh, Sham Singh, Guardia Singh Dr. Joginder Kaur, S. Harchand Singh, . Magistrate 2nd Class and S. Gurnam Singh.