HARBANS SINGH RAI,J - (1.) BALDEV Singh son of Nand Singh was convicted by Shri O.P. Goel, Additional Sessions Judge, Ferozepur, vide his order dated March 18, 1986, under Sections 363 and 366-A, IPC and was sentenced to undergo R.I. for three years and a fine of Rs. 500/-; in default of payment of fine further R.I. for three months under Section 366-A, IPC. However, no separate sentence was awarded under Section 363, IPC. Feeling aggrieved, he has filed this appeal.
(2.) PROSECUTION story, in brief, is that Darshna prosecutrix P.Ws. elder sister Anoopo was married to Baldev Singh appellant. Anoopo was admitted in Civil Hospital, Ferozepur, and she gave birth to a female child on June 26, 1985. On that day, Darshna prosecutrix came to the hospital with meals for her sister Anoopo. Baldev Singh appellant met her in the hospital and asked her to accompany him. The accused got her seated in a bus and too her towards village Khai. They got down at Hada Roori and spent the night in the field. Baldev Singh committed rape on her during the night. On the next day Baldev Singh took her to Amritsar and both of them worked as farm labourers in Poorianwala Karkhana for three/four days. Thereafter, Baldev Singh took Dharshna to village Kalwal at the house of his mother's sister. There they stayed for the night. Kashmir Singh A.S.I. recovered them from the Dham of Maghar Singh. Baldev Singh was arrested and after investigation, challenged and convicted. Prosecution in support of its case examined Dr. Aprajita Kohli, PW1, who examined Darshna on July 8, 1985, at abut 7 p.m. and found her to be moderately built and nourished having 45 kgs. weight, 5 feet 3 inches height and 14 teeth in each jaw. No mark of violence was noticed. P.W.6 Dr. S.K. Nain, Radiolgoist, Civil Hospital, Ferozepur, had radiologically examined Darshanu and found her between 15 and 17 years of age. He had given this age according to the standard prescribed in the text books of medical jurisprudence. He further stated that there can be variation at the most of six months on either side of age and he did not agree with the suggestion that the variation can be from two to three years. PW2 Baj Singh, father of Darshna, supported the prosecution version and stated that his elder daughter Anoopo was married to Baldev Singh 7/8 years earlier. On June 26, 1985, Anoopo had come to see them at the time of delivery. She gave birth to a female child in the Civil Hospital, Ferozepur, where she was got admitted. His wife Ishar Kaur was attending to Anoopo. Darshna had brought meals for her sister Anoopo and Baldev Singh abducted her from Civil Hospital, Ferozepur. Gajjan Singh PW3 did not support the prosecution case and was declared hostile. Darshna PW4 prosecutrix supported the prosecution version in every detail and stated that she is 14/15 years of age and her elder sister is married to Baldev Singh. Baldev Singh met her in the hospital and asked her to accompany him and when she asked as to where they were going, he told her that they would return soon. He took her in a bus and they got down at Hada Roori, remained in the fields for the whole night and he raped her during the night and the next day he took her to Amritsar and there they worked in Poorianwala Karkhana for three/four days. Thereafter, he took her to village Malwal. A.S.I. Kashmir Singh recovered them from there. Kashmir Singh A.S.I. is the investigating officer.
(3.) AFTER close of the prosecution, Baldev Singh, in his statement, denied the prosecution case and pleaded innocence. He further stated :- "I am innocent. The fact is that my father-in-law Baj Singh wanted to marry Darshna with some old man after taking money form him about which Darshna complained to me and her sister Anoopo and I asked Baj Singh not do so so. After that Darshna started residing with her sister at village Gama Bhawara in my house of which Baj Singh was annoyed. Then Darshna left for village Valtoha where elder brother of Baj Singh was residing. There she made a statement of her own before the Judicial Magistrate Ist Class, Patti. Because of the abovementioned graduge Baj Singh has planted this false case against me and I was arrested from my house in this false case." ;