MOHMMED NADIM @ NEEMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED Mohmmed Nadim @ Neema and Mohmmed Shamim @ Shambu have challenged their conviction and sentence passed by the trial Court under Sections 120 -B, 363, 366 and 376 of the Indian Penal Code.

(2.) LEARNED counsel appearing for the appellants would submit that Mohmmed Shamim @ Shambu has already completed the sentence imposed by the trial Court and, therefore, he does not press the appeal qua appellant Mohmmad Shamim @ Shambu. Recording the above submission made by learned counsel for the appellants, the appeal qua appellant Mohammad Shamim @ Shambu stands dismissed as not pressed.

(3.) IT is the case of the prosecution that accused Mohmmed Nadim @ Neema had sexual intercourse with PW3, the prosecutrix in this case under threat in the absence of her parents. He also threatened to kill her brother if she disclosed this fact to any body. Accused Mohmmed Nadim @ Neema committed rape upon her against her consent and thereafter, she became pregnant. When the factum of pregnancy was informed to accused Mohmmed Nadim @ Neema, he took her to village Lallian in the guise of procuring medicine. Accused Neema committed rape on prosecutrix against her consent at village Lalliyan also. Thereafter, she was taken to various places where accused Neema committed rape upon her.