ZAKIR HUSSAIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT Zakir Hussain has been convicted and sentenced by the Court of learned Additional Sessions Judge, Bathinda, under Section 366-A IPC to undergo rigorous imprisonment for five years and to pay a fine of Rs. 1,000/- and in default of payment fine to further undergo for one year. He was further convicted and sentenced under Section 376 IPC to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1,000/-. In default of payment of fine to further undergo rigorous imprisonment for one year.

(2.) IN the present case, FIR No. 604 dated 22.12.2001, was registered at Police Station Kotwali, Bathinda, under Sections 366-A and 376 IPC by Sushila Kaur Sharma wife of late Darshan Lal Sharma. She stated in the FIR that her husband expired about eight years ago. She has got four children, three sons and one daughter. Her daughter Kiran Sharma aged 14 years was preparing for examination and used to go to Hazi Rattan for taking tuition. On 16.12.2001 as usual, she went for tuition but she did not return home till night. It was further stated that Zakir Hussain, who was residing in her house as tenant was also missing. She expressed her suspicion that her daughter Kiran Sharma has been abducted by allurement by Zakir Hussain and her daughter was wearing one gold chain weighing 1-1/2 tolas, one pair of ear rings weighing one tola, two finger rings weighing one tola and cash of Rs. 20,000/- has also been taken away from the house.

(3.) PW .1 Dr. Dhira Gupta medicolegally examined Kiran Sharma on 27.12.2001 at 4.15 P.M. No external or internal marks of injuries were found on her body. Vagina of the prosecutrix admitted two fingers, which were sufficient to infer that she was habitual of having sexual intercourse. In cross- examination, it has come that her hymen was absent. Various questions were put in cross- examination to the said doctor to suggest that the prosecutrix was aged about 20 years but no categoric answer was given by PW.1 Dr. Dhira Gupta.