K.C.PURI,J. - (1.) THIS is an appeal directed by the accused/appellant against the judgment dated 4.6.1998 passed by Shri S.K.Gupta, the then Additional Sessions Judge, Ambala vide which he has been convicted under Section 376 IPC but has been acquitted under Sections 342, 363, 366 and 506 IPC.
(2.) THE prosecution version, in brief, is that on 2.3.1996, Sat Pal, brother of the prosecutrix lodged FIR Exhibit PJ at Police Station Babain in District Kurukshetra alleging therein that on 20.2.1996, he and other members of his family had gone to the fields to harvest the crop of potatoes after leaving the prosecutrix and the wife of his brother Mahinder Kaur etc at the house. Mahinder Kaur went to the house of one Harbhajan Singh to bring Lassi. When she returned, she found the prosecutrix missing. The neighbourers told her that the prosecutrix had gone to village Jhikar Hari to see a fair. Mahinder Kaur came to the fields and informed them about that fact. They searched her in the village and at other places, but here where-abouts could not be known. One boy named Karam Singh of their village and Mahinder Singh, brother-in-law of Sat Pal's brother were also missing from the village. They suspected the hand of either of them in the kidnapping of the prosecutrix. On 17.3.1996, Babli, wife of the accused came to the Police Station and presented application Exhibit PK alleging therein that the prosecutrix was living with her husband and she was not ready to leave him. She sought help from the police to get rid of her. In pursuance of that application, the prosecutrix was recovered from the house of the accused and her parents were informed. She made a statement before the police to the effect that on 20.2.1996, she had some dispute with her mother. She left the house in a fit of rage. She boarded a trolley and went to village Julheri to see a fair. After seeing the fair, she boarded a bus for going to Mustafabad. From Mustafabad, she boarded a train and reached Ambala Cantt. She was going on a road at Ambala Cantt.,when she was followed by five or six boys, who teased her. She, out of fear, started weeping. Meanwhile, a red Maruti car driven by Parveen Kumar, accused stopped by her side. The accused asked her to sit in the car. As she was afraid of the boys following her, she sat in the car. The accused asked her whereabouts. She replied that she had no one and she might be left anywhere. The accused took her to the office of his employer, Mr. Gandhi, a Taxation Lawyer. Mr. Gandhi came out of his office and asked about her from the accused. The accused told him that she was his sister. Mr. Gandhi also sat in the car and they started for going to some other place. On their way, the accused left her at the house of Bhabhi of his wife telling her that he would come to take her at 5.00 PM. He came at 9-00 P.M. At that time, she was sleeping. He took her from there on his cycle. When she asked as to where he was going, he told her that he was taking her to his house. On their way, the accused committed sexual intercourse with her forcibly in a vacant plot. Then the accused took her to his house. The wife of the accused offered them meals. She was made to sleep by the accused in the room of his sister and mother.
(3.) THE prosecutrix further alleged that next morning she asked the accused to let her go to her house. But, the accused threatened to kill her in case she told anything to his family members. After three or four days, she again asked the accused to allow her to go. Again, she was threatened and the accused told that he would marry her with his brother Subhash as said Subhash had some dispute with his wife. She was kept in the house forcibly. On that day i.e. 17.3.1996, the accused had some altercation with his wife Babli who reported the matter to the police.;