Decided on August 06,1957

STATE Respondents


- (1.) KARTARA alias Kartar Singh, son of Amar Singh, of village Mahianwala, Tehsil zira. District Ferozepore, was convicted by the Additional Sessions Judge, ferozepore, under Section 366, Indian Penal Code, and sentenced to undergo imprisonment for a period of five years. There were two other accused persons, hari Singh and Bachan Singh, who were acquitted of the offence charged.
(2.) THE prosecution story is that P. W. 1 Mohin-der Kaur alias Joginder Kaur, a minor girl born on 11-12-1939, was suffering from an eye trouble (cor-neal opacity ). Her parents, P. Ws. Kapur Singh and Nand Kaur, who were living in village Warrang, had called the accused who was known for his skill in curing diseases by conjuring spirits and then exorcising them. He applied his occult gilt in expelling the spirits a few times before the occurrence and while he so busied himself it is said, that he used to play with her breasts, and while doing so he took care to see that his actions remained screened from the view of the credulous parents of the girl; they used to watch the treatment being given from some distance. Thus winning the confidence of the gullible parents he had a free access to their house ostensibly for the purpose of curing (the girl of the disease but actually for taking liberties with her person. He then asked her to elope with him, but according to her statement she rejected his amorous advances. She then stated that he committed sexual intercourse with her against her wishes. She tried to raise alarm but he gagged her mouth with a piece of cloth. After committing rape on her, he repeated his overtures that she should elope with him, but she declined to do so. This part of the story regarding rape on her and refusal on her part to go with him has been rightly disbelieved by the learned Sessions judge. On 25-4-1956, the date of the occurrence, while she was still under 17 years, she was taken from the house of her parents by the accused, and the two of them, proceeded by bus to Ferozenore, from where she was taken in railway train to ludhiana. From" there they went to Malerkotla, Barnala and then to village bhadore where the other two accused, who have been acquitted, lived. The accused and the girl stayed with them. At this time, the money that the accused had with him, was nearly finished and they decided to proceed to Zira. At Zira Railway Station they were arrested on 45-1956. The girl noticed her father along with some policemen, and shouted for help. During the course of their sojourns from place to place, it is alleged that the girl was subjected to sexual intercourse by the accused on several occasions.
(3.) P. W. 3 Dr. Vidya Madan stated in her statement dated 29-10-1956 after examining the girl that she suspected that she was pregnant at that time and the pregnancy might be seven months old. Mr. Manmohan Singh Gurjal, learned counsel fur the accused appellant, wants me to infer that, the girl was used to sexual intercourse a considerable time prior to the date of occurrence.;

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