KARTAR SINGH Vs. STATE

JUDGEMENT

(1.) Kartar Singh on his conviction under Sections 363 and 366 of the Indian Penal Code and sentence of three years and five years' rigorous imprisonment respectively by the learned Additional Sessions Judge of Ludhiana has come up in appeal to this Court. He was acquitted of the charge under Section 376 of the Indian Penal Code, Surjan Singh was also tried with him for offence punishable under Sections 368 and 376 of the Indian Penal Code and acquitted.

(2.) Bur Singh (P.W. 5) and Shrimati Chand Kaur (P.W. 13) were married about 40 years back. After the birth of two daughters and one son of former left for Malaya. He continued corresponding with his wife here in India but with the outbreak of the Second World War communication between the two stopped. Shrimati Chand Kaur thought that her husband Bur Singh had died and so she went to live with Ujjagar Singh (P.W. 12), his uterine brother. Two daughters were born out of her union with him the eldest of whom is Malkiat Kaur (P.W. 4) prosecutrix and the other younger than her died when she was a few days' old. Subsequently, Bur Singh returned from Malaya. Shrimati Chand Kaur with her younger daughter Malkiat Kaur joined him and she gave birth to five more children from Bur Singh, three of whom were sons and two daughters. She gave birth to other two daughters also but those died in their infancy, Kartar Singh accused was in cultivation of Bur Singh's land and in that connection had opportunities to meed Malkiat Kaur and win over her confidence. The prosecution case is that Malkiat Kaur and Shrimati Chand Kaur used to quarrel often and on that account the former felt disgusted. Kartar Singh accused taking advantage of it told Malkiat Kaur that he would arrange her marriage with a good boy. He left Bur Singh's village Gondwal 10 or 15 days before the occurrence and on his return informed Malkiat Kaur that he had been able to find a boy who owned two squares of land and was also a graduate for her. On the morning of 5th February, 1962, Malkiat Kaur as usual went to the fields to relieve herself. She found Kartar Singh accused with a bicycle waiting there. He gave her a few slaps and made her sit on his bicycle and took her to Barnala and from there in a train to Bhatinda and again from there to Ganga Nagar by another train. At Ganga Nagar both of them first went to a Gurdwara and then to the shop of Surjan Singh accused (since acquitted) who accommodated them in a room adjacent to the shop. Both Kartar Singh and Surjan Singh threatened the prosecutrix with dire consequences if on enquiry from any quarter she failed to give her age as 20 years and further that she accompanied Kartar Singh of her own accord because her father wanted to marry her with an old man. Soon after Kartar Singh left for the bazar and Surjan Singh in his absence committed sexual intercourse with her. On the same evening she and Kartar Singh while on their way to a hotel were arrested by the police. She was produced before the Sub-Divisional Magistrate on the following day where she gave her statement Exhibit D.B. The Magistrate on being satisfied that no offence had been committed allowed both of them to go. They stayed at Ganga Nagar for another 3 or 4 days and then left for chak No. 83, where they stayed in a separate room provided by Gurnam Singh (P.W. 7). She all the time informed her neighbours that she was wife of Kartar Singh accused. The latter joined the service of Gurnam Singh (P.W) on a monthly salary of Rs. 50/-. During those days he used to have intercourse with her and without her consent. One day on finding a suitable opportunity she informed Gurdial Singh (P.W. 8), a brother of Gurnam Singh, that Kartar Singh accused had abducted her. Gurdial Singh conveyed the necessary information to the police who arrived at Chak No. 83 on 10th April, 1962, and recovered her while in the company of Kartar Singh accused.

(3.) Bur Singh (P.W.) on return from his fields on 5th February, 1962, found Malkiat Kaur and Kartar Singh both missing from the village. He went to the police station to make a report but was advised to make another attempt to find out the whereabouts of Malkiat Kaur and when he failed in his effort he again went to the police station Raikot on 6th February, 1962, and lodged first information report Exhibit P.B.