SHEKHAR KUMAR GROVER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE prosecution was launched against the appellant on a complaint made on 23.02.2008 to the Magistrate. After examining witnesses at the preliminary stage, the Magistrate issued process against the appellant and the co -accused for offences under Section 313 read with Section 120 -B of Indian Penal Code (IPC). The Magistrate also found sufficient grounds to proceed against the appellant for offences under Sections 376, 452 and 506 IPC. The co -accused are the relatives and acquaintances of the appellant and stated to have actively participated in abortion of pregnancy of Jitender kumar prosecutrix.

(2.) ON appearance of the accused persons, the case was committed to the Sessions Court for trial. All the other accused were acquitted of the charge framed against them whereas appellant stood convicted under Section 376 IPC and was awarded 7 years of rigorous imprisonment and to pay fine of Rs. 5000/ -, in default to further undergo rigorous imprisonment for 3 months.

(3.) THE facts briefly narrated are that the appellant used to come to the house of prosecutrix to meet her father. On 11.11.2007 mother of the prosecutrix had gone to the market at about 2.00 p.m. to buy medicine. Finding the prosecutrix alone in the house, the appellant came at about 2.30 p.m. and entered the room of prosecutrix without her permission and bolted it from inside. At that time the prosecutrix was reading book in her room. The prosecutrix raised an alarm and told the appellant to go out but he started molesting her. The appellant gagged her mouth with his hand and 'chunni'. The appellant opened string of her salwar and undressed her. The prosecutrix tried to save herself from clutches of the appellant but he committed sexual intercourse with her forcibly. The appellant threatened the prosecutrix to be killed in case she discloses the incident to anyone. The prosecutrix was thus frightened and did not disclose the incident to her parents.