BALBIR SINGH Vs. STATE OF J AND K

JUDGEMENT

(1.) CONVICTED on a trial held by Learned Additional Sessions Judge, reasi, under Section 376 of the Ranbir Penal Code and sentenced to seven years rigorous imprisonment and a fine of Rs. 2000/-, balbir Singh, appellant, has come up in appeal to this Court. PROSECUTION CASE :

(2.) THE prosecution story goes like this :-The prosecutrix, (decency may not permit the disclosure of her name in the judgment), accompanied by other women folk of her village had gone to Chilly Dhar, a place located about 4/5 kilometers away from her house to collect fodder (grass ). The appellant, a resident of her village, Sain Ranjan, too had gone in the jungle to collect the fodder. Taking advantage of the situation, he took the prosecutrix to a nearby nallah and forcibly committed sexual intercourse with her. This was against her will. In the process of resisting the forcible sexual intercourse, the prosecutrix received injuries on her back and her clothes were torn. The prosecutrix is stated to have raised voice but none had come to her rescue. While leaving the prosecutrix on spot, the appellant had threatened te do away her in case she disclosed about the occurrence to her parents.

(3.) LIFTING her bundle of grass the prosecutrix returned home in the evening to narrate about the occurrence to her mother, p. W. 5 Krishna Devi, who, in turn, informed p. W. 2 Narayan Dass, her father. Narayan dass had sent for Rikhi Singh, father of the appellant, but only to get bashing from him, the appellant and his brother Guchoo, who too had come along with Rikhi Singh. The prosecutrix too is stated to have received a lathi blow from Balbir Singh for having disclosed the occurrence to her parents. THE TRIAL