SAHI RAM Vs. STATE OF H P

JUDGEMENT

(1.) Both these appeals are being disposed of by this judgment as they arise out of the same judgment passed by the learned Sessions Judge, Kangra at Dharamshala, sentencing appellant Arjun Singh to undergo rigorous imprisonment for seven years for offence under Section 376 of the Indian Penal Code and fine of Rs. 5,000/-, rigorous imprisonment for two years for offence under Section 363 of IPC and fine of Rs. 500/, two years rigorous imprisonment for offence under Section 366 IPC and fine of Rs. 1,000/- rigorous imprisonment for two years and fine of Rs. 1,000/- for offence under Section 368 IPC. Sahi Ram appellant has been convicted for offences under Sections 366 and 363 IPC, for which he has been sentenced to undergo rigorous imprisonment for one year and fine of Rs. 500/- and rigorous imprisonment for one year and fine of Rs. 1,000/- for offence under Section 363 IPC. In both cases, sentences to run concurrently and in default of payment of fine further imprisonment has been ordered.

(2.) Briefly stated, the facts as adjudicated by the learned Sessions Judge, are that on 6.10.1998 in furtherance of their common intention, both appellants Arjun Singh and Sahi Ram kidnapped the prosecutrix PW-1 Kamlesh Kumari, who according to the prosecution, was a minor girl, by removing her forcibly from the lawful guardianship of her father Assa Ram. It was alleged that Arjun Singh, subjected her to illicit intercourse and also compelled her to marry him. The story is that after kidnapping the prosecutrix, she was taken by both the appellants in a maruti van to the jungle at Bhattu, where Sahi Ram left her and Arjun Singh committed rape on her, where after he took her home with him and kept her in illegal confinement with the help of his wife Phullan Devi. He again subjected her to illicit intercourse during the night when she was illegally detained there. Both the appellants alongwith Phullan Devi were tried for the offences as noted above.

(3.) Taking the case of Sahi Ram appellant first, the allegation against him is that he actively connived and assisted Arjun Singh-accused in kidnapping the prosecutrix PW-1 Kamlesh Kumari and facilitated rape on her. The role ascribed to him is that he alongwith Arjun Singh came in a maruti van to the field, where the prosecutrix and Reena Devi PW-3 were cutting grass and forcibly dragged the prosecutrix to the van. After leaving Arjun Singh and the prosecutrix in the forest, he went away from the spot alongwith the van, which was being driven by PW-15 Manohar Lal.