VIJAY KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) VIJAY Kumar is the sole appellant in this appeal. He is convicted for an offence under Section 376 IPC and sentenced to suffer RI for 10 years coupled with fine of Rs. 5,000/-.

(2.) THE facts, in brief, are that FIR in this case was lodged by Jamna Devi wife of Lal Bahadur Rorkha, resident of Akalgarh. Complainant has five children. On 7.11.1999 at about 7 P.M., her daughter, named, Bablu, studying in 1st standard went to the house of Bishan Dass, her neighbourer. It was a Diwali day. When Bablu was returning to her house at about 8 P.M., she was caught by appellant, Vijay Kumar. He put his hand on her mouth and forcibly took her to bushes near to their house. There the appellant allegedly committed rape on Bablu against her wish by breaking the string of her salwar. The girl was left with a threat that in case she disclosed this incident to any one, she would be done to death. Undeterred, the prosecutrix Bablu disclosed this incident to her mother, who got her admitted in Civil Hospital, where she was medically examined. On a complaint lodged by Jamna Devi, a formal FIR was registered. On completion of investigation, the appellant was challaned under Sections 376/506 IPC.

(3.) THIS appeal was filed through Ms. Navneet Kaur, Advocate. Subsequently, the appellant had sent one application for grant of bail by post. Noticing the fact that the appellant has already undergone four and a half years of sentence as on 20.5.2004, notice for suspension of sentence was issued to the Advocate General, Punjab. On 20.7.2004, however, this application was dismissed by observing that the appellant is accused of having raped a young girl of 8 years.