MOHARRAM ALI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant has preferred this appeal against the judgment of conviction and order of sentence dtd. 21/12/2010 passed by the Addl. Sessions Judge, Ludhiana vide which he was convicted under Sec. 376 IPC and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs.1,000.00. In default of payment of fine, he was to further undergo rigorous imprisonment for a period of 3 months.

(2.) Prosecution story started with the allegations that a case was registered on the statement of Nisha complainant wherein she alleged that she has four daughters and two sons.

(3.) During investigation of the case, the police recovered Sahina and also got recorded her statement in which she alleged that on 3/6/2007, Moharram Ali took her to his house in Mohalla Nirankari, where he committed rape upon her against her wishes. Moharram Ali kept her with him by giving threats. The FIR No.176 came to be registered on 17/10/2007 under Ss. 363 and 366-A IPC. On 18/10/2007, the accused was arrested. On 19/10/2007, medical examination of Sahina was got conducted from the civil hospital. Thereafter, offence under Sec. 376 IPC was added.