LACHHMAN Vs. STATE

JUDGEMENT

(1.) THE appellants have been convicted under Section 376 of the Indian Penal Code and sentenced to five years' rigorous imprisonment and a fine of Rs. 250/- each. In default of payment of fine the accused have been sentenced to undergo further six months rigorous imprisonment.

(2.) THE admitted facts are that Lachhman Singh, aged 55/56 years, is employed as a peon in the Engineering College at Chandigarh and Surjan Singh Is a Store-keeper in that College, whereas Ram Lai (P. W. 3) the father of Shakuntla prosecutrix (P. W. 1) is a washerman in the same college. Smt. Shafcuntla (P. W. 1) was suffering from some abdominal trouble and Lachhman Singh accused who also lived in a quarter adjoining to the quarter of the father of the prosecutrix had been treating her for the disease by 'jhar Phunk i. e. exorcism, witchcraft Lachhman Singh was alleged to have been practising. As Lachhman Singh was an elderly man as also a neighbour, therefore, the mother of Shakuntla used to address him as brother and on that account Shakuntla also used to address him as her 'mama'. Shakuntla did not get any relief from the witchcraft through which Lachhman Singh was treating her. He suggested to the mother of Shakuntla that she should be taken to a village near Solan, where he had his Guru, who would cure her through the witchcraft. The mother of Shakuntla agreed, hence on the 7th June. 1970. Lachhman Singh and Shakuntla left for Solan. Surjan Singh accused also joined them. From Solan they left for village Naoni, a distance of about 8 or 9 miles where the Guru lived. He prepared an amulet for Shakuntla. All the three remained there for the night at village Nauni.

(3.) ON the next morning they reached Solan at about 11 A. M. The two accused told Shakuntla that there was no bus available for Chandigarh and that they should stay on at Solan for the day. Consequently, they stayed at Kiran hotel at Solan, After taking their meals they went to a local temple and after that they went to an evening cmema show.