MILKHA SINGH Vs. STATE

JUDGEMENT

(1.) THIS jail appeal is directed against the judgment of conviction and sentence under Sec. 366 and 376 I. P. C. passed by Additional Sessions Judge No. 2, Hanumangarh dated 1-2-1979. Whereby the learned Addl. Sessions Judge convicted the accused under Sec. 366 and 376 read with Section 511 I. P. C. and sentenced him to undergo four years rigorous imprisonment under Section 366 and 2- 1/2 years under Section 376 read with Section 511 I. P. C. Both the substantive sentences were directed to run concurrently.

(2.) THE brief facts giving rise to this appeal are that on 3-12-1977 at about 9 A. M. an oral first information report was filed by complainant Mst. Shanti at police station. T. B. that on the previous evening i. e. on 2-12-1977 when she had gone out to ease out from her house to a deserted place and came back after easing then Milkhasingh, Birkhasingh & Lakhasingh residents of Talwara Jheel came there and Milkhasingh pulled her. On this her sister Cheta who was standing at the door of the house shouted, then Lakhasingh and Birkhasingh threatened her that she will be killed. THEreafter, all the three accused persons took Mst. Shanti. Milkhasingh accused dropped her in a small ditch and opened the Pajama of Mst. Shanti and removed his Tahmat and sat on her. Accused Birkhasingh and Lakhasingh stood by the side and threatened that no one should come near them. THEreafter some people of the nearby area came over on hearing the cries and some more ladies also came there. THEy managed to rescue the girl Mst. Shanti. In this scuffle Mst. Shanti received some injuries on her hands, legs and pack. On this report a case under Sections 366, 376/511 I. P. C. was registered against the accused. However, the prosecution, after close of the investigation found a prima facie case against the accused Milkhasingh only and he was charge-sheeted under the aforesaid sections. THE learned Additional Sessions Judge after close of the trial found the accused Milkhasingh guilty and sentenced him as aforesaid. Aggrieved against the aforesaid conviction and sentence the accused preferred the present appeal.