BIR SINGH Vs. STATE OF J&K
LAWS(J&K)-2006-6-15
HIGH COURT OF JAMMU AND KASHMIR
Decided on June 06,2006

BIR SINGH Appellant
VERSUS
STATE OF JANDK Respondents

JUDGEMENT

- (1.) THIS appeal is directed against judgment dated 17.04.2003 of learned Additional Sessions Judge, Ramban, convicting appellant Bir Singh under Sections 376, 366 and 342/34 of the Ranbir Penal Code and second appellant Budhi Singh under Sections 366, 342/34 of the Ranbir Penal Code as also under Section 27 of the Arms Act and sentencing appellant Bir Singh to five years rigorous imprisonment under Section 376 of the Ranbir Penal Code, five years under Section 366 of the Ranbir Penal Code and one year under Section 342 of the Ranbir Penal Code, besides a fine of Rs.2,000/ - (Rupees two thousand) and second appellant Budhi Singh to rigorous imprisonment for five years under Section 366 of the Ranbir Penal Code, one year under Section 342/34 of the Ranbir Penal Code and three years under Section 27 of the Arms Act, besides a fine of Rs.2,000/ - (Rupees two thousand). In terms of the judgment, the sentences have been ordered to run concurrently.
(2.) FACTS leading to the filing of this appeal may be summarized thus. One Phoola Singh presented a written application to the Station House Officer, Ramban, wherein he had stated that he had gone to Kastigarh, Doda, to one of his relations in connection with bereavement in the family, when he learnt that M/s Bir Singh, Jabodi Singh, Mangal Singh sons of Anant Ram, Budhi Singh son of Paras Ram and Ms. Thooga daughter of Satoti R/o Ghadhi, Tehsil Ramban, had entered his house on 04.06.2000 at about 10.00 p.m. and had besides taking away the ornaments and cash worth Rs.1350/ - lying in the wooden box in the house, forcibly taken away his minor daughter Prosecutrix A, aged 16 years, on gun point. The report further says that the appellants were armed with guns, whereas others had lathies. The wife of Phoola Singh tried to raise alarm but Jabodi gagged her mouth and Budhi Singh aimed gun at her.
(3.) HIS aged brother was in the house at that time but could not come to the rescue of the family because of his old age. Fir No.48/2000 was registered on this report on 09.06.2000 at 10 oclock. After the registration of F. I. R., Police went in search of prosecutrix A and succeeded in recovering her on 16.06.2000 from a cave in a jungle at Hadwal. The case was investigated and final police report under Section 173 of the Code of Criminal Procedure was, accordingly, filed by SHO, Police Station Ramban, before the Magistrate arraying the two appellants as accused for the commission of offences under Sections 366, 376, 342, 382/34 R. P. C. besides Section 3/27 of the Arms Act. Appellant -Bir Singh was charged under Sections 366, 376, 342, 382/34 R. P. C. and 27 of the Arms Act, whereas second appellant Budhi Singh under Sections 366, 109, 34/382 R. P. C. and under Section 27 of the Arms Act on 15.01.2001.;


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