LAL SINGH Vs. STATE OF H P

JUDGEMENT

(1.) This appeal is directed against the judgment of learned Additional Sessions Judge. Sirmaur, dated 18/7/1998, whereby the learned Judge convicted the appellant Lal Singh, hereinafter referred to as the accused, for offences punishable under Sections 363 and 342 of the Indian Penal Code. The accused was sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs. 2.000/- for offence punishable under Section 363 of the Penal Code. The accused was also sentenced to undergo rigorous imprisonment for six months for the offence punishable under Section 342 of the Code.

(2.) Prosecution case: RT (PW-1), aged about 16 years, was student of class-X in the Govt. High School, at Paonta Sahib. She was living with her parents at village Bhup Pur near Paonta Sahib. On 20/1/1996, at about 9.15 A.M. R along with her friend TTU (PW-2) aged about 14 years was on her way to the school. A truck driven by the accused stopped near them. Accused offered lift to both the girls. The girls accepted the offer and boarded the truck. Accused instead of driving the truck towards the school turned the truck towards Bagyan road. The girls were given something to smell and they became unconscious. Accused, thereafter committed sexual intercourse with both the girls without their consent. U was left near the school on the same evening with a threat to her life if she disclosed anything to any person. R was dropped by the accused on the following day at Bus Stand, Nahan in an unconscious state. When she regained consciousness, she rang up her friend Monika and informed her that she was at Nahan and will soon return to Paonta Sahib. She came to Paonta Sahib at about 8 pm. Father of her friend Anita dropped her at her house on the Scooter. R or U did not disclose anything about the incident to their respective parents.

(3.) On 26/1/1996, R disclosed about her having been kidnapped and subjected to rape to her Maust On 30/1/1996, R lodged a report Ex. PA, with the Police Station. Paonta Sahib. A formal FIR was registered on the basis of this complaint.