MADAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment/order dated June 4, 1996, passed by the Additional Sessions Judge, Amritsar, whereby the appellant has been convicted for the offences under sections 365/376 Indian Penal Code, and sentenced to undergo rigorous imprisonment for a period of 5 years and to pay a fine of Rs. 2000/- or in default of payment of fine to undergo rigorous imprisonment for 4 months for the offence under section 366, Indian Penal Code, and to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 3000/ - or in default of payment of fine to undergo rigorous imprisonment for a period of five months for the offence under section 376, Indian Penal Code. The substantive sentences have been ordered to run concurrently.

(2.) The necessary facts for the disposal of this appeal which can be gathered from the record of the trial Court are that the prosecutrix Jatinder Kaur used to go to the house of the appellant, which is situated on the rear side to bring milk. During her said visits she developed intimacy with the appellant. Several times she went to the house of the appellant to see him on the pretext that she was going to the brotherTs wife of the appellant. She met the appellant several times in the fields also. These affairs continued for about 4 to 5 months.

(3.) The appellant was employed in the Railway Department. On 7-1-1995, he disclosed to the prosecutrix that he was going to Allahabad for training. The prosecutrix expressed her desire to accompany him. On 8-1-1995 at about 6.30 p.m. the prosecutrix left her house on an excuse of easing out and taking secretly a suit-case. When she did not come back, her mother Surinder Kaur made enquiries from the neighbouring houses but in vain. Ultimately, Surinder Kaur lodged a report (Exhibit PD) with the police on 14-1-1995, on the basis of which formal F.I.R. (Exhibit PD/2) was registered for the offences under sections 363/366, Indian Penal Code.