BALWANT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the accused-Balwant Singh and his wife Smt. Harjeet alias Ranjeet Kaur against a judgment dated 20-10-2001 by the learned Additional Sessions Judge (Fast Track), Hanumangarh.

(2.) According to the prosecution story, P.W. 1 Daleep Singh was resident of Hanumangarh and the two appellants were his neighbours. The incident allegedly occurred on 23-3-2001 when the two appellants took away the prosecutrix (daughter of Daleep Singh) with them. Daleep Singh was informed about the same by P.W. 5 Het Ram. On 25-2-2001, Daleep Singh lodged a written FIR Ex. P/1 at Police Station, Hanumangarh Junction and a case under Ss. 363 and 366 of the I.P.C. was registered against the two appellants. The prosecutrix was recovered on 26-3-2001 from "Dhani Chandigarh" near village 'Arniyawali' Tehsil Fazalka (Punjab). Her statement Ex. "D/1 was recorded by the police under S. 161 of the Cr. P.C. She stated that the appellants were her neighbours and she used to go with them as a labourer occasionally. Further, she stated that her father Daleep Singh was ailing for the last 4-5 months and many a times, she was subjected to sexual intercourse against her wishes by the appellant Balwant Singh. Looking to the condition of her father, she did not protest. Regarding the incident dated 23-3-2001, she stated that at about 3-3.30 p.m. while she had gone to the house of one Gopi Singh, she was called by the two accused persons at their house and they persuaded her to go with them to Punjab. She agreed to go with them. Thereafter, she was taken by the appellants to a room situate somewhere in "Bijali Colony" and she was locked there till evening. After sunset, the appellants took her out and all the three boarded a bus for Abohar in Punjab. At Abohar, they halted at the house of Mahendra Rana for a night where she was criminally assaulted by Balwant Singh. Next day, at 10 a.m. they left for village Arniyawali and she was taken to the house of Santa Singh (P.W. 3). Santa Singh became aware of the crime and consequently did not permit them to stay in his house and thereafter they went to "Dhani Chandigarh" and stayed at the house of the sister of the mother of Balwant Singh, from where, she was ultimately recovered by the police. On 4-4-2001, her statement was recorded by the learned Additional Chief Judicial Magistrate, Hanumangarh wherein she stated that while she was sleeping at her own house, the two appellants came and told her that they intended to sell her to somebody and she was taken to the house of the appellants where Balwant Singh had sexual intercourse with her against her wishes. Thereafter, she was taken to Punjab to the house of Mahendra Rana and at the instance of his wife, the appellant again had sexual intercourse with her. From there, she was taken to village "Raniya" to the house of the sister of the appellant Ranjeet Kaur and there also, she was subjected to rape by Balwant Singh. From village Raniya, she was taken to the place, from where she was recovered by the police. Ultimately, a challan under Ss. 363, 366, 342, 376 and 376/144 of the I.P.C. was filed against the two appellants. Balwant Singh was charged for the offences punishable under Ss. 363, 366, 342 and 376 of the I.P.C. Smt. Ranjeet Kaur was charged under S. 363, 366, 342 and 376/144 of the I.P.C. Both the appellants pleaded not guilty.

(3.) Ten witnesses were examined by the prosecution and none was examined in defence. The learned trial Court, thereafter, heard the arguments and delivered the Judgment on 20-10-2001. Both the appellants were found guilty for the offences punishable under Ss. 363,366 and 342 of the I.P.C. Further the appellant-Balwant Singh was found guilty under S. 376 of the I.P.C. and the appellant-Smt. Ranjeet Kaur was found guilty for the offence punishable under Ss. 376/144 of the I.P.C. While awarding sentences, the learned trial Court, for the reasons best known to him, sentenced the two appellants to R.I. for 3 years each and a fine of Rs. 100/- for the offence punishable under S. 341 of the I.P.C. instead of S. 342 of the I.P.C. for which a finding of guilt was recorded. For the offence punishable under S. 363 of the I.P.C., R.I. for 3 years and a fine of Rs. 100/- was awarded. Under S. 366 of the I.P.C., R.I. for 7 years and a fine of Rs. 100/- was awarded. For the offence punishable under Ss.376 and 376/144 of the I.P.C., each appellant was awarded, R.I. for 10 years with a fine of Rs. 100/-. On account of non-payment of fine, additional R.I. for 3 months was awarded on each count. Feeling aggrieved, the two accused-persons have come in appeal.