MAMMU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal filed against the judgment dated 19.3.1987, passed by Sh. K.C. Gupta, the then Additional Sessions Judge, Karnal, convicting the appellant/Mammu Ram for the offences punishable under Sections 363/366/376 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for two years under Section 363 IPC, three years' rigorous imprisonment and a fine of Rs. 100/- under Section 366 IPC and seven years' rigorous imprisonment and a fine of Rs. 200/- under Section 376 IPC. In default of payment of fine of Rs. 100/- awarded under Section 366 IPC, the appellant was directed to suffer further RI for six months and in default of payment of fine of Rs. 200/- imposed under Section 376 IPC, he was directed to suffer further RI for one year.

(2.) THE case of the prosecution, stated briefly, is as under :-

(3.) ACCORDING to the prosecution case, Smt. Krishna, wife of appellant Mammu Ram allured the prosecutrix Kamlesh to accompany to the bus stand of Indri for helping them in taking their luggage to the bus stand. At the bus stand, the appellant Mammu Ram threatened the prosecutrix Ms. Kamlesh and forced her to accompany him to Delhi by the bus. At Delhi, the prosecutrix taken to Bhagole Puri, where the appellant stayed with the prosecutrix for about one month and during this period the prosecutrix, Kamlesh, was repeatedly raped. The accused/appellant thereafter shifted Kamlesh from Delhi to Panipat and there she was confined in a kotha, situated in the field and raped her there also.