ONKAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant has been convicted and sentenced to 7 years rigorous imprisonment alongwith fine under Section 376 IPC by the Addl. Sessions Judge, Hoshiarpur. In default of payment of fine there was a further order for default sentence.

(2.) Briefly stated the prosecution story is that the victim left her house on 27.02.2015. She gave her age as 17 years. She was studying in 10+1 class. In her complaint made on 11.03.2015 she disclosed that the accused used to follow her and had fallen for her and proposed marriage. On 27.02.2015 she left her house in the evening at about 7/8 pm. She went outside the village to meet the accused. He took her on his motor cycle on the pretext that he would marry her. On the way she felt thirsty and the accused gave her chilled water after which she became unconscious. She disclosed that thereafter she did not know what happened. On 01.03.2015 she gained consciousness at about 8.00 pm. and she found that she was wearing different set of clothes. The accused dropped her at M.P. Resort on 01.03.2015 and asked her wait but did not return.

(3.) The prosecutrix further disclosed that she went inside the resort and asked for help and a call to her father was made. Her father came to the resort. The victim narrated the occurrence. Her father spoke to family of accused but the accused refused to marry her. Allegations were levelled that sexual act was committed without her consent.