BANSI LAL Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) JUDGMENT :- Appellants have filed this appeal against the judgment dated 30-7-79 passed by the Sessions Judge, Kathua in File No. 8/Sessions. By means of this judgment, both the appellants have been held to be guilty of having committed offences under Ss. 366/376, RPC. For the offence under Section 366, each one of the appellants has been directed to undergo rigorous imprisonment for three years as well as and to pay fine of Rs. 200/- and in default of payment of fine, they have been directed to undergo further rigorous imprisonment for six months; whereas for the offence under Section 376, RPC, they have been directed to undergo rigorous imprisonment for five years and to pay fine of Rs. 5,000/- and in default of payment whereof, they have been directed to undergo further rigorous imprisonment for six months. Both the sentences have been ordered to run concurrently.

(2.) Brief facts of the prosecution case, out of which this appeal has arisen are that on 19-12-74, PW Usha Devi hereinafter, referred to as the prosecutrix came out of her house at about 4 A.M. for urination in the street. At such time both the appellants are stated to have caught hold of her and then having kidnapped her with an intention to commit sexual intercourse against her consent. Further case of the prosecution is that the prosecutrix was taken from place to place by both the appellants and was kept at the house of their relations in district Kathua as well as in the neighbouring State of Punjab at district Gurdaspur. Throughout her stay, prosecutrix was stated to have been put under threat of being killed after knife had been brandished by them saying that in case she creates any noise, she would be done to death. Appellants have further stated to have threatened the prosecutrix to toe in line within them failing which she would be cut into pieces and at times she was stated to have been threatened that both of them would throw her into the river Ravi. Throughout her stay of about 15 days with the appellants, prosecutrix is further stated to have been sexually abused as both the appellants committed sexual intercourse with her against her consent and the age of the prosecutrix was held out to be 16 years at the time when she was kidnapped from the lawful custody of her father PW Milkhi Ram.

(3.) Complaint Exhibit "PA" was made by the PW Milkhi Ram, hereinafter referred to as the 'complainant' which resulted in registration of FIR vide Exhibit "PB" when police swung into action. Prosecutrix was recovered from the house of one Balak Ram at village Dhar Kalan, Tehsil Pathankot. This complaint was made on 21-12-74, when the complainant was unsuccessful in locating her daughter i.e. the prosecutrix. Prosecution evidence further suggests that intimation of the prosecutrix being taken by the appellants was given to the complainant by one Gian Chand, who had seen both the appellants forcibly taking away the prosecutrix on the fateful day.