KAMALJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant was convicted under Section 366/120-B IPC and Section 376/120-B IPC. She was sentenced to undergo rigorous imprisonment for a period of 10 years along with fine of Rs.1,000/- under both the Sections. In default of payment of fine, she was to further undergo rigorous imprisonment for a period of 6 months and the sentence on each count was to run concurrently.

(2.) On the basis of the complaint, the FIR was registered and investigations were started. After about four months, the police got some clues and recovered the victim from a house. The recovery of girl was effected on 27.06.2001. The victim was sent for her medical examination. Her statement under Section 164 Cr.P.C. was recorded.

(3.) The counsel for the appellant had urged that the complaint was silent so far as the role of appellant Kamaljit Kaur was concerned and we have only the statement of the victim and if her statement is seen, then there is absolutely no evidence against the appellant and the only role assigned to her is that the girl was taken to Bhawanigarh to the house of Kamaljit Kaur and the victim was confined in her house and she was beaten by Raj Kaur, Lakhwinder Singh and Kamaljit Kaur. It was urged that Lakhwinder's family was a tenant in that house and the police has not even prepared the site plan of that house and the victim has stated that she did not know the family members of Kamaljit Kaur and she has been roped in only because she was the landlady. It was urged that the girl was major and she had lived with Lakhwinder for almost five months and it was a case of consent.