MOHAMMAD KASAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common judgment I propose to dispose of two appeals (Criminal Appeal No. 284 SB of 1992 filed by Mohammad Kasam) and (Criminal Appeal No. 284 SB of 1991 filed by Manjit Singh and Jaspal Singh). The two appeals arise out of a common judgment and order of sentence passed by Additional Sessions Judge, Ropar on 22.7.1991. By virtue of the impugned judgment, the learned trial court had held appellant Mohammad Kasam guilty of the offences punishable under Sections 363/366-Al 368 and 376 Indian Penal Code. Appellant Manjit Singh was held guilty of the offences punishable under Sections 363/366-A/368 and 376/109 Indian Penal Code. So was the case of appellant Jaspal Singh who too was held guilty of the same offences as Manjit Singh. Mohammad Kasam was sentenced to undergo rigorous imprisonment for three years and a fine of Rs. 1,000/- for the offence punishable under Section 363 Indian Penal Code and in default of payment of fine to further undergo rigorous imprisonment for two months. For the offence punishable under Section 366 A, Indian Penal Code, he was sentenced to undergo imprisonment for a period of five years and a fine of Rs. 1000/- and in default of payment of fine to further undergo rigorous imprisonment for two months. Similar sentence was awarded to him for the offence punishable under section 368 Indian Penal Code but with respect to sectioh 376 Indian Penal Code, he was sentenced to undergo rigorous imprisonment for ten years and a fine of Rs. 1000/- and in default of payment of fine, to further undergo rigorous imprisonment for two months.

(2.) The sentences awarded to appellants Manjit Singh and Jaspal Singh were identical i.e. five years rigorous imprisonment and a fine of Rs. 1000/- and in default of payment of fine, they were to undergo further rigorous imprisonment for two months. The substantive sentences were directed to run concurrently.

(3.) Paramjit Kaur aged about 15 years is the prosecutrix. She was living with her parents in village Badala. Appellant Mohammad Kasam lived in the house of Faqiria just opposite the house of Paramjit Kaur. Appellant Jaspal Singh is distantly relatcd to Paramjit Kaur. It is obvious that the appellant Mohammad Kasam came to know Paramjit Kaur being a neighbour.