K.P.S.SANDHU, J. - (1.) GULAB Singh appellant stands convicted and sentenced to rigorous imprisonment for five years under section 366 of the Indian Penal Code also to rigorous imprisonment for five years under Section 376 of the Indian Penal Code by the Additional Sessions Judge, Jind, vide his order dated 20th April, 1982. Both the sentences were ordered to run concurrently.
(2.) THE appellant was working as a medical petitioner in village Khapa. The prosecutrix, Vijay Laxmi, was also living in the same village with her father Mange Ram and was studying in the eighth class in the Government Girls High School at Uchana. It is alleged that on 6th November, 1981, the appellant enticed her away from the school and raped her outside in the sugarcane field to village Palwa and thereafter took her to village Alupura in punjab and then to Hissar and committed rape upon her at various places, Ultimately both she and the appellant were recovered by the police on 14th November, 1981, from near the petrol pump of village Uchana. She was got medically examined from Dr. Lalita Maheshwary P.W. 1 who found that she was used to sexual intercourse, her hymen had an old tear, the vagina admitted two fingers easily and that she was a young girl of healthy build. P.W. 2 Dr. Daya Parkash, Senior Medical Officer, Jind, radiologically examined her on 17th November, 19081, and found her age to be in between 14-1/2 years and 17-1/2 years with a margin of three years on either side. The appellant, after his arrest, was also got medically examined from P.W. 3 Dr. S.K. Mittal who found him fit to perform sexual intercourse. The appellant was prosecuted convicted and sentenced as mentioned above. When examined under section 313 of the Code of Criminal Procedure, the appellant came out with the following version :- "I belong to village Wzirkhera. I am under-matric. I got training in medicines at village Khapar. I used to work at the shop of Vaid Ram Kishan. I used to visit the house of Mange Ram, since we had started money-lend terms with each other. Mange Ram has agreed to marry Vijay Laxmi with me but my parents were not happy over this. Mange Ram was pressing for a marriage-party but I thought a marriage in the court would be the better course. But Mange Ram refused for that. On 4.11.1981 Mange Ram had given beating to his daughter Vijay Laxmi. She had met me at Uchana on 5.11.1981 and she had narrated to me the last incident of beating and had requested me to take her away anywhere as she could not live without me. She had begun to weep and had claimed that she would commit suicide even. I had pacified her and directed her to met at Narwana. She had met me at Narwana on 6.11.1981. From there we went to village Alupura in a bus. Some persons of Heri community of our village reside in the village Alupura and they had directed us to go away since there was danger to us. Some old persons had then advised to get her statement recorded in the Court. Then we had gone to Hissar in the bus. We had gone in a temple and had garlanded each other also. She got her statement recorded on 10.11.1981. the we had returned to village Alupura. Vijay Laxmi had posted a letter to her father. Police had come there on 13.11.1983 and I was arrested. I was brought to Narwana On the way Vijay Laxmi was beaten by her father also. I did not commit rape upon her."
(3.) THE prosecution, besides the medical evidence discussed earlier, examined PW4 Vijay Laxmi, the prosecutrix, and her father Mange Ram PW 5 who lodged complaint Exhibit PD with the Police on the basis of which formal first information report Exhibit PD/1 was recorded. He also gave the age of prosecutrix as fifteen years at the time of her kidnaping. Mohinder Pal Patwari PW 6 prepared site-plan Exhibit PG. PW 7 Ved Parkash Assistant Sub-Inspector recorded the first information report, Exhibit PD/1. PW 8 Lachhman saw the appellant with the prosecutrix at Uchana on 6th November, 1981, and he informed the father of the prosecutrix about (sic) PW 9 Baljit Singh Sub-Inspector apprehended the appellant and the prosecutrix at Uchana on 14th November, 1981, and got them medically examined. he also recorded statements of the prosecution witnesses. PW 10 Saroj Devi Clerk produced school certificate of the prosecutrix PK, according to which her date of birth is 4th June, 1966.;