BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BALDEV Singh son of Nand Singh was convicted by Shri O.P. Goel, Additional Sessions Judge, Ferozepur, vide his order dated March 18, 1986, under Sections 363 and 366-A, IPC and was sentenced to undergo R.I. for three years and a fine of Rs. 500/-; in default of payment of fine further R.I. for three months under Section 366-A, IPC. However, no separate sentence was awarded under Section 363, IPC. Feeling aggrieved, he has filed this appeal.

(2.) PROSECUTION story, in brief, is that Darshna prosecutrix P.Ws. elder sister Anoopo was married to Baldev Singh appellant. Anoopo was admitted in Civil Hospital, Ferozepur, and she gave birth to a female child on June 26, 1985. On that day, Darshna prosecutrix came to the hospital with meals for her sister Anoopo. Baldev Singh appellant met her in the hospital and asked her to accompany him. The accused got her seated in a bus and too her towards village Khai. They got down at Hada Roori and spent the night in the field. Baldev Singh committed rape on her during the night. On the next day Baldev Singh took her to Amritsar and both of them worked as farm labourers in Poorianwala Karkhana for three/four days. Thereafter, Baldev Singh took Dharshna to village Kalwal at the house of his mother's sister. There they stayed for the night. Kashmir Singh A.S.I. recovered them from the Dham of Maghar Singh. Baldev Singh was arrested and after investigation, challenged and convicted.

(3.) AFTER close of the prosecution, Baldev Singh, in his statement, denied the prosecution case and pleaded innocence. He further stated :-