K.S.TIWANA, J. - (1.) JAMILA alias Majidan alias Mahindro PW8 is the daughter of Bhulla PW6 who was residing in village Chhalaundi, District Kurukshetra. According to the prosecution, Bhulla and his family members including his daughter take out their livelihood by working as agricultural labourers. Jamila whose date of birth, according to the birth certificate Exhibit PG was 20.5.1962 also used to work as a labourer.
(2.) SOME time before this occurrence, which took place on 18.5.1979 at about 7 a.m., Jamila had gone to the fields of Sarpanch of the village to case herself. Islam accused who also used to reside in village Chhalaundi caught hold of her and committed rape on her against her will and consent. After that he threatened her with dire consequences in case she informed about that to her parents. On 18.5.1979 Bhulla PW6 and other members of his family had gone to work in the sugar cane field of Kuldip Singh of village. Chhalaundi Jamila had not gone with them. Islam accused accompanied by one Mulla came to her house and told her that her maternal grand-father was ill at Ladwa. Believing the statement of Islam accused as correct, she accompanied him. Mulla separated from them at some distance from the village. After covering some distance Islam accused forcibly took her in a sugarcane field of village Chhalaundi. He kept her there for two days and nights. During this interval he committed sexual intercourse with her.
(3.) ISMAIL PW7 a brother of Bhulla PW6 at about 2.30 p.m. near village Bann, saw Islam accused taking Jamila on a bicycle towards Ladwa. When Jamila did not return to the house, Bhulla PW6 was worried. Ismail told him what he had seen. Both of them searched for her at different place, but could not find her. On 25.5.1979, Bhulla PW6 went to Police Station, Ladwa and at 8.30 p.m. made the report. The police also started searching for Islam accused and Jamila.;