RAJESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) RAJESH has filed this appeal against the judgment of the learned Additional Sessions Judge, Hissar dated July 14,1990 whereby he was convicted under Section 366 I.P.C. because he abducted/induced Sushila Devi (d.o.f. December 21,1971) who was below 18 on November 8,1989. However, since she was above 16, Rajesh was acquitted of the charge under Section 376 I.P.C.

(2.) QUITE frankly there is a dichotomy in the provisions of the Penal Code which makes it an offence to induce a girl under 18 yeas of age with the intention to seduce her to illicit intercourse but the actual act of intercourse punishable under Section 376 I.P.C. would be an offence only if the girl was below 16.

(3.) ON November, 7,1989 Sushila Devi's brother Anil fell ill and was admitted in Civil Hospital, Hansi. On November 8,1989 Sushila Devi's mother went to the hospital to look after her son while her father had gone to attend his duties. At 10 A.M. Rajesh and his friend Raju came to their house. Rajesh asked Sushila Devi to accompany him as her mother had called her to the hospital. Sushila Devi went along with Rajesh but instead of being taken to the hospital, she was taken by Rajesh and Raju on a rickshaw to the Bus Stand and from there in a bus to Rohtak. Rajesh and Raju also threatened her with knives. At Rohtak she was taken to a room near the railway line, where she was kept on the nights of 8,9 and 10 November, 1989 and on all three nights Rajesh raped her.