JAGAT RAM Vs. STATE OF H P

JUDGEMENT

(1.) The appellant has challenged his conviction and sentence passed by the learned Additional Sessions Judge under Section 376 of the Indian Penal Code, whereby he was sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 3.000/-. The period of detention, if any, undergone by him during the investigation of the trial was ordered to be set off.

(2.) Precisely, the appellant was put on trial on the allegations that the prosecutrix aged about 16 years was engaged with one Budhi Singh. Her marriage was fixed for 23-4-1998, but on 18-4-1998, the appellant started persuading her to marry him, on the assurance to keep her well with great comforts and offered 10 tolas of gold ornaments, thus allured and compelled her not to marry Budhi Singh. It was also alleged that the appellant induced and took her away from her parental house during the intervening night of 18th/19th April, 1998 to his house and committed sexual intercourse on the assurance to marry her, where she was kept in the night and in the wee hours of the morning she was taken to the jungle on 19-4-1998 and in the afternoon next day i.e. on 20-4-1998, she was brought back to his house. When Jagat Ram entered his room, the prosecutrix was pushed outside by his parents and relatives to the verandah where she put a dharna.

(3.) On 23-4-1998, the prosecutrix approached her Advocate, who drafted a complaint at the instance of the prosecutrix and presented it in the Court of the Executive Magistrate. He forwarded the same to the SHO Karsog for immediate and necessary action in accordance with law. The police registered the FIR Ex. PK under Section 376 of the Indian Penal Code.