JABAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT has filed this appeal against judgment dated 3.2.1992, vide which he was convicted for commission of offences under Sections 366, 376 IPC and also against orders dated 4.2.1992, vide which he was sentenced to undergo RI for a period of 7 years and to pay a fine of Rs. 1,000/- for commission of an offence under Section 376 IPC and to undergo RI for a period of 5 years and to pay a fine of Rs. 500/- for commission of an offence under Section 366 IPC. In case of default of payment of fine, he was to further undergo imprisonment for specified periods.

(2.) INITIALLY appellant alongwith Sneh Lata and Shama were put to face trial for commission of offences under Section 363, 366 and 376 IPC. Trial Court on appraisal of evidence, acquitted both the persons as mentioned above. However, appellant was convicted and sentenced, as found mentioned in earlier part of this judgment.

(3.) SHE was enticed away by showing her golden dreams and other allurements. Appellant took her to fields situated behind their huts and committed sexual intercourse with her and thereafter on the intervening night of 6/7 May, 1991 all the three took the prosecutrix to bus stand Nahri and then to Delhi via Narela and ultimately reached their village in District Saharanpur, where the prosecutrix was kept by the appellant in the fields during day time and at night she was kept in a temporary hut of Shama and continued to commit rape on her. On 7.5.1991 at 8.00 A.M. when mother of the prosecutrix came back after doing her work, she found her missing. She informed her husband. Both searched for her for about 25/26 days when Kanwar Sain, father of the prosecutrix reported the matter to police at village Nahri. On the basis of statement Ex. PA made by Kanwar Sain, formal FIR Ex.PA/1 was recorded on 31.5.1991.