MOHAN SINGH ALIAS MUNSHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) MOHAN Singh alias Munshi, aged 24 years, was convicted by Shri K.K. Chopra, Additional Sessions Judge, Hissar, vide order dated 17th February, 1986, for offence under Sections 363, 366 and 376 Indian Penal Code and sentenced thereunder to rigorous imprisonment for one year with a fine of Rs. 500/-; or in default of payment of fine, to further undergo rigorous imprisonment for a period of six months; rigorous imprisonment for two years and a fine of Rs. 500/-, or in default of payment thereof to undergo rigorous imprisonment for six months, and rigorous imprisonment for seven years with a fine of Rs. 1,000/-, or in default of payment of fine to further undergo rigorous imprisonment for nine months, respectively. Feeling aggrieved, he has filed this appeal.

(2.) AS per the prosecution case, Smt. Gurmeet Kaur PW6 made a statement of SI Bhoja Ram PW7 at Police Station Sadar Hissar on 26th August, 1985, that her daughter Kulwinder Kaur (prosecutrix), aged 14 or 15 years, had been enticed away by the appellant Mohan Singh alias Munshi and his relation Ram Singh on the night of 14th August, 1985, and taken to an unknown place. Smt. Gurmeet Kaur PW searched Kulwinder Kaur PW for all these days out all in vain.

(3.) SMT . Kulwinder Kaur, on interrogation, stated that on 14th August, 1985, she along with her mother Smt. Gurmeet Kaur PW and sister Harmesh Kaur was sleeping outside their dhani in the fields. At about midnight the appellant came there and woke up Kulwinder Kaur telling her that her bufflow had got untied and was heading towards the canal. She started for the canal, with the appellant following her. On the way, the appellant overpowered her and took her to the nearby bajra field where he forcibly committed sexual intercourse with her against her will and without her consent. She was threatened by him and taken to Railway Station Neoli Kalan. From there she was taken to Sirsa and from there to various other villages and towns. At Buandshahr she was made to sign some papers under threat. She was then taken by the appellant to a temple in another town and he made her to put a garland around his neck and told her that she was from that day his wife. She asked the appellant to take her to her mother and on her repeated requests she was brought to Hissar where she was apprehended by the police along with the appellant at the bus stand. The appellant was arrested and after investigation, challaned, tried and convicted.