GURDIAL SINGH Vs. THE STATE

JUDGEMENT

(1.) THIS judgment will dispose of Criminal Appeals Nos. 934 of 1964 and 817 of 1965, filed respectively by Budha Singh and Gurdial Singh.

(2.) APPELLANTS Budha Singh and Gurdial Singh, along with the four acquitted accused, namely, Ishar Singh, Simla, Biru and Sardaru, were committed to the Court of Session to stand their trial. The charge against Budha Singh was under sections 366 and 376, against Gurdial Singh under section 366 read with section 109, and against the rest of the accused it was under section 368 of the Indian Penal Code. The trial was held by Shri Surinader Singh, 1st Additional Sessions Judger, Ludhiana, who vide his order dated 16th September, 1964, convicted Budha Singh under section 366 only sentencing him to one year's rigorous imprisonment, and Gurdial Singh under section 366 read with section 109, with a sentence of six months' rigorous imprisonment, while the rest of the accused were acquitted.

(3.) KUNDA Singh made a search for Gurmel Kaur for four days and ultimately lodged a report with the police on 23rd October, 1963. The investigation was taken in hand by S. I. Raja Singh P. W. 10. On 2nd November, 1963, A. S. I. Harbhajan Singh joined Bhupinder Singh Sarpanch P. W. 13, Kikkar Singh, Kunda Singh and others for the search of Gurmel Kaur and they came across Budha Singh appellant and Gurmel Kaur near the bus stand at Moga. Gurmel Kaur was thus recovered and this appellant arrested. Salwar P. I which Gurmel Kaur was wearing at that time was also taken into possession and sent to the chemical examiner who found it to be stained with semen. Similarly kacchha P. 2 which Budha Singh, was wearing was also taken into possession and sent to chemical examiner who also found the same to be stained with semen.