RANJIT SINGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) Ranjit Singh son of Mahla Singh, resident of Hissar, along with eight others, was tried under Ss. 366, 368, 366 read, with Sec. 34, and 368 read with Sec. 34, Indian Penal Code, by the learned Additional Sessions Judge, Hissar. Only Ranjit Singh has been convicted Under Ss. 363 and 365, Indian Penal Code, and sentenced to undergo rigorous imprisonment for four years on each count with the direction that both the sentences shall run concurrently. He was, however, acquitted of the remaining charges. Being aggrieved with the order of his conviction, Ranjit Singh has filed Criminal' Appeal No. 500 of 1972.

(2.) The prosecution story, briefly stated, is that Mst. Shakuntala alias Guddi was living with her parents at Vinod Nagar Mill Gate, Hissar. On 26th June, 1969 Batkishan father of Mst. Shakuntala had gone to Kot Kapura. On that day at about 9 P.M. Mst. Shanti came to the house of Balkishan and took Mst. Shakuntala with her on the pretext of going out to answer the call of nature. At that time, the mother of Mst. Shakuntala was lying asleep. Mst. Shanti took Mst. Shakuntala to a place near the leather factory where Gian Singh accused, since acquitted, was present. Mst. Shanti left that place and Gian Singh took Mst. Shakuntala to his house. Mst. Shakuntala slept at the house of Gian and woke up at about 4 A.M. Gian Singh took her to a Bajra field which was at a distance of two miles from that place where Ranjit Singh appellant was present. Ranjit Singh appellant and Gian Singh told Mst. Shakuntala that they would marry her at a good place. Gian Singh came back from that place while Ranjit Singh stayed with Mst. Shakuntala in the Bajra field. Gian Singh returned at about 9. P.M. and Dalip Singh also came there a little after the arrival of Gian Singh, Gian Singh left the place directing Ranjit Singh and Dalip Singh to marry Mst. Shakuntala at a good place. Ranjit Singh and Dalip Singh took. Mst. Shakuntala with them and they travelled throughout the night on foot. At about 4 A.M., they reached the field of Fauja Singh where he (Fauja Singh) was present. Shortly thereafter Fauja Singh left that place and brought his wife who changed her clothes and combed her hair. From there Ranjit Singh and Dalip Singh accompanied by Mst. Shakuntala boarded a bus and reached Fazilka, where they stayed for the night at the house of Lachhman Singh. In the morning Lachhman Singh asked them to leave his house. Dalip Singh went away from there while Ranjit Singh took Mst. Shakuntala to the house of Kaka Singh in village Khera where she was kept for 3/4 days. Kaka Singh and Ranjit Singh appellant committed seual intercourse with Mst. Shakuntala there against her will. From there they (Ranjit Singh and Kaka Singh) brought Mst Shakuntala to Sirsa where Nihal Chand and Fauja Singh met them. Kaka Singh returned from there. Mst. Shakuntala was kept at the house of Nihal Chand for about 10/15 days and was raped there by Nihal Chand and Fauja Singh during those days. Ranjit Singh appellant had already left that place. After fifteen days' stay there, Nihal Chand and Fauja Singh brought Mst. Shakuntala to railway station Sirsa where Ranjit Singh appellant met them. Nihal Chand left the railway station while Fauja Singh and Ranjit Singh appellant took Mst. Shakuntala in a train to a village near Bikaner where she was kept at the house of Pir Bux and after about 3/4 days she was taken to the other house of Pir Bux situated in village Jaiwali. Fauja Singh left that place and the appellant stayed there for about 10/15 days. After staying there for 10/15 days the appellant also left that place. The appellant was arrested on 9th September, 1969, and on interrogation by Sub -Inspector Ved Raj, he disclosed that he had concealed Mst. Shakuntala alias Guddi daughter of Balkishan, P.W., in the house of Pir Bux at village Jaiwali and could get her recovered. His disclosure statement, Exhibit P.D., was recorded and in pursuance of the same he got recovered Mst. Shakuntala. Mst. Shakuntala was brought to Hissar where she was medically examined by Dr. Mrs. S. Thakur. No injury, on any part of the body of Mst. Shakuntala, was found by the doctor. Mst. Shakuntala was X -rayed for determination of her age by Dr. O.P. Kohli and in his opinion, her age was 14/15 years.

(3.) The learned Additional Sessions Judge held that Mst. Shakuntala was aged about 17 years at the time of occurrence and was a consenting party to sexual intercourse with the appellant and, therefore, acquitted him of the offence under Sec. 376, Indian Penal Code.