LAWS(P&H)-1999-7-49

BRAHM DUTT Vs. STATE OF PUNJAB

Decided On July 06, 1999
BRAHM DUTT Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This is a criminal appeal filed by Brahm Dutt, a young boy of 24 years and Sarwan Kumar, aged 50 years, and has been directed against the Judgment and order dated 30/3/ 1999, passed by the Court of Sessions Judge, Hoshiarpur, who convicted and sentenced the appellant to undergo R.I. in the following manner:

(2.) Appellant Brahm Dutt was convicted under Sections. 376/363/366 and was sentenced to undergo RI for 7 years under Section 376 and to pay a fine of Rs. 1,000.00 in default of payment of fine to further undergo Ri for 2 months, to undergo RI for 2 years under Section 363 and to pay a fine of Rs. 500.00 in default of payment of fine to further undergo RI for one month and to undergo RI for 3 years under Section 366 and to pay a fine of Rs. 500.00 in default of payment of fine to further undergo RI for one month. Appellant Sarwan Kumar was convicted under Sections 376/368, IPC, and was sentenced to undergo RI for 7 years under Section 376 and to pay a fine of Rs. 1,000.00 in default of payment of fine to further undergo RI for 2 months and to undergo RI for 3 years under Section 368 and to pay a fine of Rs. 500.00 in default of payment of fine to further undergo RI for one month. All substantive sentences were ordered to run concurrently.

(3.) The brief facts of the case are that on 12/2/1996, Sewa Kaur wife of Gopal Singh, Addharmi, resident of village Jia Sahota Khurd got recorded her statement with ASI Jarnail Singh of Police Station, Tanda, that she is a household lady and her husband has gone to Dubai for the last 10 years. Her daughter Mandeep Kaur alias Rajji (prosecutrix), aged about 17 years, was doing the work of plucking the peas of Sohan resident of village Ramdaspur, and accused Brahm Dutt son of Bawa Dass, Addharmi, of the same village also used to do the same job there. The complainant further stated that on 9/2/1996 at about 7 a.m., her daughter Mandeep Kaur went to the fields of sugarcane to answer the call of nature but did not return from there till the date, her statement was recorded. She made search of her daughter from her relatives but she was not traceable. She suspected that her daughter had been taken away by accused Brahma after giving some allurement. She also suspected Sohan son of Prabhu of village Ramdaspur for the same. On this statement, a case was registered and during the course of investigation, Brahm Dutt was arrested on 1/4/1996 and Mandeep Kaur was recovered from his possession. She was handed over to her mother. Mandeep Kaur made the statement that on 7/2/1996 at 7 a.m. she had gone to the sugarcane fields of Amarjit Singh where Brahm Dutt came and grappled with her and raped her. Then, he asked her for marriage and made her sit on the carrier of the cycle and brought her to Dasuya Courts, where Tilki, Sarwan Ram and Sucha were present. Brahm Dutt forcibly got her signatures on some papers. Then, they all said that now she was married to Brahm Dutt. Thereafter, Brahm Dutt, Tilki, Sarwan and Sucha brought her to the house of sister of Sarwan; namely Bebo, who did not keep them, there. Then, they brought her to the house of Sarwan at Tanda where she was kept for four days and there Brahm Dutt raped her for all these four days. Thereafter, Brahm Dutt took her to his sisters house at Village Khurd, but his sister also refused to keep them. On that day they stayed in the fields. She was raped in the fields also. Then they all returned to the house of Sarwan at Tanda. Sarwan took Brahm Dutt to his shop and brought the prosecutrix to his house. Then, Sarwan raped her. Then, Sarwan took her to the house of his in laws at Village Bookkan where also Brahm Dutt used to rape her. Thereafter, Brahm Dutt took her to village Tahli and used to rape her there. After that she was taken to Harmandir Sahib, Amritsar, where she was kept in a room for four days and was raped there. Then she came to Jalandhar. They stayed for 20/22 days and she was raped there everyday. Thereafter, both of them were apprehended by the police in Village Khurdan. On these broad allegations, the investigation of this case was completed and the challan was presented in the Court of the Area Magistrate who supplied the copies of the documents to the accused and vide commitment order dated 12-10- 1996, both the accused were committed to the Court of Sessions. Vide orders dated 8-11-1996, Brahm Dutt was charge-sheeted under Sections 363/366/376, IPC. Vide order dated 4-2-1997, an amended charge was framed against Sarwan Kumar under Sections 368/376, IPC, though vide order dated 8-11-1996 he was only charge-sheeted under Section 368, IPC. The charges were read over and explained to the appellants to which they pleaded not guilty and claimed trial.