MAHESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is appeal is directed against the judgment and order dated 11.11.1986 passed by Sessions Judge, Amritsar, by which Mahesh Kumar, appellant has been convicted under Sections 366 and 376 IPC and sentenced to undergo R.I. for a period of five years and to pay a fine of Rs. 1,000/- and in default of payment of fine to undergo further R.I. for one year on each count. However, both the substantive sentences were ordered to run concurrently.

(2.) BRIEFLY stated, the prosecution case is that Prosecutrix Sunita Devi was living in a quarter in Civil Hospital, Tarn Taran, where her father Jodha Ram was employed. Accused Mahesh Kumar was also living with his mother in another nearby quarter in the same hospital. Both these families had relations and they were on visiting terms with each other. In the year 1985, prosecutrix Sunita Devi was studying in 10th Class in Government Girls Higher Secondary School, Tarn Taran and the said school used to start at 7 A.M. On 31.5.1985, she left the house for going to the school. The accused met her on the turning of the street, where the school was situated and told her that she should accompany him to Amritsar on the allurement that he will arrange good food for her, will show her film and also take her to different places. After initial hesitation to accompany the accused but on his repeated assurance to return by the time the school closes, the prosecutrix agreed to go with him. The accused brought her to Amritsar in a bus, served her meals and took her to various places. In the afternoon, the prosecutrix asked the accused to take her back home but the accused threatened her with dire consequences, in case she raised any hue and cry. She then felt scared and acted as directed by the accused. They stayed at the platform of the bus stand for the night and on the next day, the accused again took her around the city and in the evening brought her to Jandiala, when he took her to a room on the tubewell at Jandiala-Tarn Tara By-pass, kept her inside the kotha during the night and forcibly raped her twice against her will. On the next day, the accused again took her to various places in Amritsar and in the night, brought her back to the same tubewell, where he again raped her twice. On the following day, the accused took her to Beas and in the evening returned to the same Kotha and again committed sexual inter-course with her. On the next day, the police raided that kotha and apprehended both accused and prosecutrix Sunita therefrom. The accused was arrested. The police recorded statement of the prosecutrix and got her medically examined. She was also x-rayed and produced before the Ilaqa Magistrate, where she made her statement, Ex. PJ. She gave her date of birth as 1.8.1969, which was the date as given in the school record.

(3.) PW -7 Dr. Jatinderpal Singh stated that on 7.6.1985, he carried out the x-ray examination of Sunita Devi for determination of her age and on the basis of the skiagrams, he opined her age to be between 13 to 16 years. Ex.PC is x-ray report while Ex. PC/1-4 are the skiagrams.