KURSHAIDAN & ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence dated 30.05.2009 passed by Addl. Sessions Judge, Sangrur recorded in FIR No.107 dated 17.05.2006 registered at police station Malerkotla. The appellant Tehal Singh was convicted for the commission of offence punishable under Sections 376, 506 and 366-A while appellant-Kurshaidan was convicted for the offence punishable under Sections 506, 366-A and 376 read with Section 120-B IPC. Both the appellants were sentenced to imprisonment mentioned herein below: <FRM>JUDGEMENT_881_LAWS(P&H)9_2013_1.html</FRM>

(2.) In order to deal with the submissions made by the appellants, it is necessary to refer to the facts. Hamid Mohd. made a complaint to the police on 15.05.2006. His daughter aged 13-14 years (name withheld) used to work as a maid in the house of Kurshedan. She complained of stomach ache to her mother. On inquiry, she revealed that 51/2 months ago, she (prosecutrix) had gone to the house of Kurshedan. Tehal Singh was already present in the house. When she entered the room to sweep, Kurshedan immediately bolted the door from outside. Tehal Singh then committed rape upon her. The prosecutrix raised alarm and called out to Kurshedan but Tehal Singh put his hand on her mouth and tied her arms and she was raped. She was also threatened that in case the incident was revealed, she would be done to death. The prosecutrix did not reveal the incident to anyone out of fear. The mother on coming to know of the incident revealed it to her husband. The girl was got medically examined and it was found that she had conceived. A complaint Ex.PA was lodged with the police upon which a formal FIR Ex.PA/2 came into existence. The accused were arrested. Investigations were completed and report under Section 173 Cr.PC was laid against both the accused in the Court.

(3.) Charge under Sections 366-A, 376/120-B, 506 IPC was framed against Kurshedan. Charge under Sections 376, 366-A and 506 IPC was framed against Tehal Singh. Both the accused pleaded not guilty and claimed trial.