GURPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant has preferred this appeal against the judgment of conviction and order of sentence dated 09.08.2012 passed by the Additional Sessions, Judge Bathinda vide which he was convicted for the offences under Sections 366 and 376 IPC and was sentenced to undergo rigorous imprisonment for 2 years along with fine of Rs.2,000/- under Section 366 IPC and rigorous imprisonment for 7 years along with fine of Rs.3,000/- under Section 376 IPC along with default mechanism. The sentences were ordered to run concurrently.

(2.) Prosecution story started with the allegations that on 11.05.2011 SI Mohan Singh was present along with other police officials at Verka Chowk on patrolling duty. Prosecutrix along with her mother Gurnam Kaur met him and filed an application addressed to the SHO of Police Station, Talwandi Sabo against the appellant, Bholi w/o Gurpreet Singh, Beant Kaur w/o Makhan Singh, Makhan Singh, Tara Singh, Banti Singh and brother-in-law of Gurpreet Singh. The prosecutrix stated in the application that she was 20 years of age. On 16.03.2011, she was sleeping with her mother. At about 3.00 a.m. Beant Kaur, who was tenant in the house woke her up. Beant Kaur asked her that she want to talk to her and took her outside. After taking her out of the house, Beant Kaur and Makhan Singh bolted the door of the house. The aforesaid persons were standing there with car and motorcycle. They forcibly lifted the prosecutrix and gagged her mouth with cloth. Gurpreet Singh took her to Rajasthan and committed rape upon her continuously for a period of two months. Whenever the prosecutrix requested Gurpreet Singh to allow her to talk to her parents, he used to stand nearby and as and when mother asked her whereabouts, he used to disconnect the mobile phone.

(3.) It was further stated in the application that on the request of the prosecutrix, he made her to board bus and the prosecutrix reached Dabwali. There Banti, Tara Singh and a police official of Raman Mandi took her out of the bus at Dabwali on the pretext that her parents have come. They brought the prosecutrix to Raman Mandi to the house of said police official, at about 12.00 noon. Bholi Kaur her neighbour Gursar Wali and wife of said police official beat the prosecutrix and threatened her to make statement according to their wishes failing which a threat of elimination was given. Thereafter they left the prosecutrix with her parents during night.