RAMAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS Appeal has been instituted by Raman Kumar against judgment and order dated 4.12.1992 whereby he was convicted under Sections 363 and 366 IPC and sentenced to undergo RI for 4 years and to pay a fine of Rs. 2000/- under Section 366 IPC, in default of payment of fine, he was further sentenced to undergo RI for one year, to undergo RI for 2 years and a fine of Rs. 500/- under Section 363 IPC, in default of payment of fine, he was further sentenced to undergo RI for 3 months.

(2.) BRIEFLY stated, the facts of the case are that on the intervening night of 11/12.10.1990. PW.3-Daulat Ram and his family members including his daughter PW2, Neeru Bala were sleeping in their house. PW.2-Neeru Bala at about 5.15 AM went outside to answer the call of nature in the field but she did not return. PW.3-Daulat Ram alongwith his family members searched for her and inquired from his relatives. Thereafter, he reported the matter to the police. During investigation by the police, PW.2-Neeru Bala was recovered from the custody of the accused-appellant on 15.11.1990, when she was being brought to Pathankot via Jalandhar by the accused. She disclosed that she was taken away by the accused by giving a threat to defame her on 11.10.1990 at about 5.30 p.m. from Pathankot. First she was taken to the bus stand at Pathankot in a rickshaw and therefrom to Amritsar, in a room at Sarai, and subsequent thereto in hired room, where the accused committed rape upon her many a times without her consent.

(3.) IN order to prove the allegations, the prosecution examined as many as 5 witnesses. After the close of the prosecution evidence, statement of the accused/appellant under Section 313 Cr.P.C. was recorded wherein he denied the allegations of the prosecution and pleaded false implication. In defence, he examined DW.1-Karoor Singh and DW.2-Niranjan Singh. However, DW.1-Karoor Singh was discharged as he failed to produce the summoned record.