LEELA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order dated 21.8.1999 passed by learned Additional Sessions Judge, Patiala vide which the appellant Leela Ram has been convicted and sentenced to undergo R.I. for seven years and to pay a fine of Rs. 1000/-. In default of payment of fine, he was further sentenced to undergo R.I. for three months under section 376 IPC. The appellant was further convicted and sentenced to undergo R.I. for six months under section 506 IPC. It was ordered that both the sentences shall run concurrently.

(2.) THE case of the prosecution is that Smt. Sazda alongwith her husband Harun Khan were residing in a rented room in the house of Leela Ram. Harun Khan is a rickshaw-puller and he used to leave the house in the morning and come back at 7/8 p.m. On 13.2.1998 Harun Khan went to his work as usual. At about noon time, Sazda was all alone in the house. Sita, wife of Leela Ram had gone to the school to deposit the fee of her children. At that time, Leela Ram came to the house and closed the outer door of the courtyard and came in the room of prosecutrix and committed rape and also threatened her that in case she raised an alarm, she would be killed with knife. After that, the accused went upstairs and prosecutrix remained in her room. On the next day i.e. on 14.2.1998 at 2 p.m. prosecutrix narrated the incident to Smt. Rozy, her maternal aunt. Then Smt. Rozy told the incident to her husband Kudratullah and then they went to Police station to lodge the report. Statement of the prosecutrix was recorded on the basis of which formal FIR Ex. PJ/2 was recorded by ASI Darshan Singh.

(3.) FROM the perusal of documents relied upon by the prosecution and hearing learned counsel for the accused and Public Prosecutor for the State, the learned trial Court charge-sheeted the accused under section 376 read with section 506 IPC to which he pleaded not guilty and claimed trial.