SHAHBEG Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT Shahbega has been convicted and sentenced to three years rigorous imprisonment and a fine of Rs. 250/-, in default of payment of fine to further undergo rigorous imprisonment for three months, under section 452 of the Indian Penal Code and to six years rigorous imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo rigorous imprisonment for six months, under section 376 of the Indian Penal Code, by the learned trial Judge vide his order dated 21.4.1981.

(2.) BALWINDER Kaur, P.W. prosecutrix, aged about 15 years was living in his father's house in village Chuslawar. On 16-10-1980 while her father had gone out to the fields, at about 12 noon, the appellant entered the house of prosecutrix gaged for mouth, took her into the room, threw her on the cot and after untying the string of her Salwar, committed rape on her without her consert and against he will. Suddenly, Gulzari Lal, father of the prosecutrix, came to the house and while trying to capture the appellant, he was thrown on the ground by the appellant who thus made his escape good. Gulzari Lal lodged the report with the police about the occurrence at Police Station Patti on the same day at 2.30 P.M. A.S.I. Rishi Dev, P.W. 7, visited the spot, took into possession the salwar of Balwinder Kaur, prosecutrix and got her medically examined from Dr. Asha Gupta, P.W. 1, who found the following injuries on her person :-

(3.) WHEN examined under section 313 of the Code of Criminal Procedure, the appellant took up the plea of denial simpliciter and did not produce any defence.