LAWS(P&H)-1983-3-21

HARNEK SINGH Vs. STATE OF PUNJAB

Decided On March 17, 1983
HARNEK SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) AMARJIT Kaur and Harnek Singh appellants have been convicted under section 366 and Gurdip Singh appellant under section 376 of the Indian Penal Code. Sentence of two years' rigorous imprisonment and a fine of Rs. 250/-, in default of payment of which to undergo further rigorous imprisonment for two months, each, has been awarded to Amarjit Kaur and Harnek Singh under section 366 of the Indian Penal Code. Gurdip Singh has been sentenced to undergo three years' rigorous imprisonment and to pay a fine of Rs. 500/-, in default of payment of which to undergo further rigorous imprisonment for three months under section 376, Indian Penal Code. These three appeals (Crl. Appeals Nos. 397-SB and 474-SB of 1981) filed by the convicts separately, being against the same judgment will be decided together.

(2.) AMARJIT Kaur was living in the neighbourhood of the prosecutrix Chander Bala (P.W.5) in Janata Nagar, Ludhiana. Harnek Singh was residing in a house in Military Camp, Ludhiana, He was intimate with Amarjit Kaur and used to visit her house. Amarjit Kaur was also on visiting terms with Chander Bala prosecutrix and her family members being their neighbour. The prosecution story, as narrated by the prosecutrix Chander Bala (PW 5), is that on October 7, 1980, Amarjit Kaur took her to her own house at about 12.00 noon. Harnek Singh was also present at that time in the house of Amarjit Kaur. These two appellants put up a proposal before the prosecutrix that if she so wanted they could get her married to a person of good antecedents having sufficient property. The prosecutrix was taken in by their allurement and she accompanied Amarjit Kaur and Harnek Singh to Mohalla Kashmir Nagar, Ludhiana, a road had been taken by them on rent. The prosecutrix remained with Amarjit Kaur and Harnek Singh in that house overnight and then on the next day, i.e. on October 8, 1980, all three of them went by train to Sirsa, where they reached on the morning of October 9, 1980. From Sirsa went to village Mallewal to the house of Amarjit Kaur's sister. They remained there on 9th and 10th October, 1980. On the 13th Amarjit Kaur and Harnek Singh brought Gurdip Singh appellant and then all four of them went to the Courts at Sirsa where the signatures of the prosecutrix were obtained on a register and two other papers. Harnek and Amarjit Kaur parted company of the prosecutrix and Gurdip Singh at Sirsa and from there Gurdip Singh appellant brought the prosecutrix to his own house at Mallewal. They left Mallewal on October 11, 1980 in morning and came to the above-mentioned house in Mohalla Kashmir Nagar Ludhiana. In that house the prosecutrix and Gurdip Singh spent three days and according to the prosecutrix, Gurdip singh raped her during those days. On October 14, 1980, at about 12.00 noon. Shadi Lal (P.W.5), father of the prosecutrix, came there along with a police party. At that time Amarjit Kaur was sitting in the court-yard of the house. Gurdip Singh was lying on cot in the room and the prosecutrix was sitting on the feet side of the cot. The Police recovered the prosecutrix and arrested Gurdip Singh and Amarjit Kaur.

(3.) A .S.I. Kishore Chand having arrested Amarjit Kaur and Gurdip Singh, sent the prosecutrix and Gurdip Singh to the Civil Hospital, Ludhiana, for their medical examination. Harnek Singh appellant was subsequently arrested on October 15, 1980. The investigation was completed and all the three appellants were challaned and prosecuted.