LAWS(P&H)-1986-6-5

STATE OF HARYANA Vs. ISLAM

Decided On June 03, 1986
STATE OF HARYANA Appellant
V/S
Islam Respondents

JUDGEMENT

(1.) JAMILA alias Majidan alias Mahindro PW8 is the daughter of Bhulla PW6 who was residing in village Chhalaundi, District Kurukshetra. According to the prosecution, Bhulla and his family members including his daughter take out their livelihood by working as agricultural labourers. Jamila whose date of birth, according to the birth certificate Exhibit PG was 20.5.1962 also used to work as a labourer.

(2.) SOME time before this occurrence, which took place on 18.5.1979 at about 7 a.m., Jamila had gone to the fields of Sarpanch of the village to case herself. Islam accused who also used to reside in village Chhalaundi caught hold of her and committed rape on her against her will and consent. After that he threatened her with dire consequences in case she informed about that to her parents.

(3.) ISMAIL PW7 a brother of Bhulla PW6 at about 2.30 p.m. near village Bann, saw Islam accused taking Jamila on a bicycle towards Ladwa. When Jamila did not return to the house, Bhulla PW6 was worried. Ismail told him what he had seen. Both of them searched for her at different place, but could not find her. On 25.5.1979, Bhulla PW6 went to Police Station, Ladwa and at 8.30 p.m. made the report. The police also started searching for Islam accused and Jamila.