KULDEEP KUMAR ALIAS BITTU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal against the judgment of the Additional Sessions Judge, Kapurthala, dated 11-2-1999 by which the appellants Kuldeep Kumar and Avtar Singh were convicted and sentenced under the provisions of Section 376(g) of the Indian Penal Code (for short IPC) to undergo imprisonment for a period of 10 years and to pay a fine of Rs. 500/- each. In default of payment of fine, they were directed to undergo further RI for 3 months.

(2.) The occurrence in this case is said to have taken place on 1-10-1997 at about 9-30 p.m. when the prosecutrix aged about 13 years was forcibly lifted by the appellants when she had stepped out of her house to urinate. Avtar Singh is said to have gagged her mouth and thereafter he forcibly undressed her and committed sexual intercourse with her. Kuldeep Kumar also subjected her to rape. Harbhajan Kaur mother of the prosecutrix is said to have come to the house where the prosecutrix was locked in a room and upon her knocking at the door, the accused fled away after opening it.

(3.) An FIR is said to have been lodged on 3-10-1997 when the father of the prosecutrix returned back from Ludhiana where he had gone. Upon the lodging of the FIR on the statement of the prosecutrix. a case under Sections 376/342/34, IPC was registered against them.