JUGRAJ SINGH ALIAS KALI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JUGRAJ Singh alias Kali and Surinder Singh alias Babbi were charged under sections 363, 366, 376, 342 IPC and stand convicted and sentenced by learned Additional Sessions Judge, Ferozepur vide judgment dated 3.12.1998 as under :- U/S 376 IPC To undergo RI for 10 years and to pay a fine of Rs. 5000/- each, in default of payment of fine to further undergo RI for one year each. U/S 366 IPC To undergo RI for 7 years and to pay a fine of Rs. 2000/- each, in default of payment of fine to further undergo RI for six months each. U/S 363 IPC To undergo RI for 3 years and to pay a fine of Rs. 500/- each, in default of payment of fine to further undergo RI for three months each. U/S 342 IPC To undergo RI for one year each. All the sentences awarded to both the appellants were ordered to run concurrently.

(2.) AGGRIEVED by the impugned judgment of conviction and sentence, they have preferred the present appeal.

(3.) IN short the case of the prosecution is that the prosecutrix was studying in B.A. Part-I and was doing a Computer course at Faridkot where Jugraj Singh alias Kali appellant was also studying. Both of them used to travel together in the bus to Faridkot and back. On 1.8.1997, the prosecutrix had gone to Faridkot and did not come back. Her grandfather Gujjar Singh PW5 tried to trace her out in his relatives but could not know her whereabouts. He then made a statement Ex. P6 on 9.8.1997 before the police suspecting Jugraj Singh alias Kali and his friend Surinder Singh alias Babbi appellants had abducted his grand-daughter. On these allegations the present case was initially registered under Sections 363/366 IPC. On 18.8.97, both the appellants were arrested from Bus Stand Talwandi Bhai and the prosecutrix was recovered from their possession. She was medico legally examined, She made a statement to the effect that Jugraj Singh alias Kali appelllant was also coming back from Faridkot by bus on 1.8.97 and he took a seat adjacent to her and Surinder Singh alias Babbi appellant took a seat behind her. When they were about half a kilometre from Bus Stand Mudki where she was to get down from the bus, both the appellants threatened her that they will not allow her to get down from the bus and if she did, she would be insulted by them. It is then alleged that Surinder Singh appellant then sprayed some intoxicant on her face due to which she became unconscious and then they took her to a quarter near Railway Hospital, Ferozepur Cantt where she was kept for the night. Both the appellants did bad act (rape) with her and did not allow her to get out of the room. They threatened her with dire consequences saying that they were having some weapon with them. It is then alleged that on the next morning they boarded the train and reached Bombay where she was kept in a room in Prem Nagar Mohalla where also both of them had been doing bad act with her. She was threatened to be killed if she raised a raula. She was then brought back to Delhi. There also both the appellants raped her. Therefrom she was brought to Ferozepur. From Ferozepur she was being taken to Talwandi Bhai by bus and when they got down at the Bus Stand of Talwandi Bhai, the police was incidentally present there and arrested them. Statement of the prosecutrix was also recorded under Section 164 Cr.P.C. which is Ex. P8. After completion of the investigation, both the appellants were challaned in this case.