GURINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant was convicted for the offence under Section 376, Indian Penal Code, and sentenced to undergo rigorous imprisonment for five years and a fine of Rs. 300/-or in default of payment of fine to undergo further rigorous imprisonment for two months by the learned Sessions Judge, Ropar. He was acquitted of the charge under Section 366, Indian Penal Code. Hence this appeal against his conviction and sentence.

(2.) The prosecution case as set up at the trial was that on 2nd June, 1982, Smt. Darshana (P.W. 4), the mother of Sharmila Rani (prosecutrix), had gone to Ludhiana from Mohali, for receiving pension of her deceased husband. Sharmila Rani, who was studying in Sarv Hitkari Model School, Mohali, went to the school at 7.00 a.m. and returned home at 2.00 p.m. as usual. It is alleged that at about 4.00 p.m. she went to the shop of the appellant, for collecting her suit which she bad given to him a week earlier for stitching. At the time of leaving the house, she informed her aunt Smt. Kunta, the wife of ber uncle Krishan Gopal (P.W. 5) that she was going to the shop of the appellant. On enquiry the appellant told Sharmila Rani that her suit was not ready and asked her to wait. He kept her sitting at his shop till 7.00 p.m. At about 8.00 p.m. the appellant threatened Sharmila Rani (Prosecutrix) with a knife and made her accompany him to a garden near Madanpura Chowk, Mohali and keeping her under the fear of knife, he committed sexual intercourse with her against her will. Thereafter he took her to bus stand, Chandigarh, from where he took her to Rajpura by bus threatening her with a knife. At Rajpura, they both stayed at a tea stall for the night. Next morning, they both came back to Chandigarh. The appellant took Sharmila Rani to a hostel in Sector 14 and the same night they both went to Ludhiana. Next morning he took her to Amritsar, where they stayed with a friend of the appellant for the night and on the following morning the appellant brought her again to Chandigarh by bus, and again stayed in the same hostel. Ultimately the appellant was arrested in the company of the prosecutrix near Madanpura Chowk, Mohali.

(3.) The matter was reported to the police by Krishan Gopal (P.W. 5) after the return of Smt. Darshana (P.W. 4) on 5th June, 1982, at 7.40 p.m. and the case against the appellant was registered at Police Station Mohali vide F.I.R., Ex. P.D./2