PARAMJIT SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is directed against the order of conviction passed by the learned Additional Sessions Judge, Solan and Sirmour Districts, camp at Solan on Dec. 28, 1984, against the accused appellant Paramjit Singh (hereinafter called as the accused), under Ss.363, 366 and 376 of the Indian Penal Code and sentencing him to undergo simple imprisonment for a period of one year and to pay a fine of Rs. 200/- and in default to undergo further simple imprisonment for one month under S.363 of the Indian Penal Code, simple imprisonment for a period of two years and to pay a fine of Rs. 300/- and in default to undergo simple imprisonment for two months under S.366 of the Indian Penal Code and simple imprisonment for four years and to pay a fine of Rs. 500/- and in default to undergo further simple imprisonment for three months under S.376 of the Indian Penal Code. All the sentences, however, were ordered to run concurrently.

(2.) The prosecution story is that in Jan. 1983 the prosecutrix Gurmail Kaur at that time aged about 15 years, was living with her parents Shadi Singh, the father and Surjit Kaur, the mother, in village Jhiran along with her three brothers and one sister. On Jan. 11, 1983 her mother Surjit Kaur went to the house of her husband's sister Rajinder Kaur at Ropar as said Rajinder Kaur was reported to be ill. On the night of Jan. 11, 1983, the rest of the family including Gurmail Kaur (prosecutrix) slept in the house after taking their meals at Jhiran. In the morning the father of the prosecutrix Shadi Singh was the first to leave the bed and after sometime when he wanted to wake up the prosecutrix so that she could prepare tea for him, he did not find her in her bed. Even after waiting for sometime when said Gurmail Kaur did not return, he started searching for her and while doing so he even went to his father Teja Singh and informed him that Gurmail Kaur was missing. They both then searched for the prosecutrix and even informed the lambardar of the village Shri Nigahia Ram about this and when they did not succeed in tracing out the prosecutrix, said Shadi Singh went to the police station, Nalagarh in the morning of Jan. 13, 1983, and lodged a report in this behalf when he also stated before the police that during his search he had found the chappel marks of Gunrail Kaur in the Khud by the side of his house leading towards the fields and the house of Balwant Singh who is the father of the accused Paramjit Singh on the other side of Khud Kanhan.

(3.) The Station House Officer, Nalagarh then after registration of the case under Ss.363 and 366 of the Indian Penal Code came to village Jhiran and recovered the prosecutrix from the cow-shed of Balwant Singh, the father of the accused. The Station House Officer, then took into possession the salwar and shirt and shawl and also a wrist watch of the prosecutrix which she was putting on at the time of her recovery and also one darri and razai (quilt) from the house of Balwant Singh, the father of the accused as all the clothes contained blood stains. Thereafter said Gurmail Kaur was taken to the hospital at Nalagarh where she was medically examined and after her medical examination she was handed over into the custody of her father Shadi Singh.