PARVEEN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal directed by the accused/appellant against the judgment dated 4.6.1998 passed by Shri S.K.Gupta, the then Additional Sessions Judge, Ambala vide which he has been convicted under Section 376 IPC but has been acquitted under Sections 342, 363, 366 and 506 IPC.

(2.) THE prosecution version, in brief, is that on 2.3.1996, Sat Pal, brother of the prosecutrix lodged FIR Exhibit PJ at Police Station Babain in District Kurukshetra alleging therein that on 20.2.1996, he and other members of his family had gone to the fields to harvest the crop of potatoes after leaving the prosecutrix and the wife of his brother Mahinder Kaur etc at the house. Mahinder Kaur went to the house of one Harbhajan Singh to bring Lassi. When she returned, she found the prosecutrix missing. The neighbourers told her that the prosecutrix had gone to village Jhikar Hari to see a fair. Mahinder Kaur came to the fields and informed them about that fact. They searched her in the village and at other places, but here where-abouts could not be known. One boy named Karam Singh of their village and Mahinder Singh, brother-in-law of Sat Pal's brother were also missing from the village. They suspected the hand of either of them in the kidnapping of the prosecutrix.

(3.) THE prosecutrix further alleged that next morning she asked the accused to let her go to her house. But, the accused threatened to kill her in case she told anything to his family members. After three or four days, she again asked the accused to allow her to go. Again, she was threatened and the accused told that he would marry her with his brother Subhash as said Subhash had some dispute with his wife. She was kept in the house forcibly. On that day i.e. 17.3.1996, the accused had some altercation with his wife Babli who reported the matter to the police.