MOHAR SINGH ALIAS PAPPU Vs. STATE

JUDGEMENT

(1.) By this order, I propose to dispose of two connected appeals arising from the judgment of conviction dated 29th January, 1999 and order of sentence dated 30th January, 1999 passed by learned Additional Sessions Judge, New Delhi thereby convicting the appellants under Sections 363/34, IPC and sentenced them to undergo Rl for three years and to pay a fine of Rs. 2,000/- each and in default of payment of fine to undergo SI for two months in Sessions Case No. 76/1995 under Sections 363/366/376, IPC Police Station, Kalkaji, FIR No. 415/92.

(2.) Briefly stated, the prosecution case is that on 31st July, 1992 complainant' Rakesh lodged a report to the effect that his daughter namely Geeta aged 13 years is missing front nis house since 29th July, 1992 evening. She had also taken away her clothes and Rs. 400/-. In the said report he expressed suspicion on the appellant Mohar Singh @ Pappu who resides in his neighbourhood, on this report, a case under Section 363/366, IPC was got registered vide FIR No. 45/1992 Police Station Kalkaji, New Delhi. On 2nd August, 1992 Geeta, prosecutrix was recovered, from the jhuggi of Mohar Singh @ Pappu. Ke was arrested. Geeta was got medically examined. Her bone age was opined to be between 14.5 to 15.8 years. Statement of Geeta was recorded under Section 161 & 164, Cr.P.C. wherein she made' allegations of rape against all the accused persons. Accordingly, accused persons were arrested under Sections 363/366/506/376/34, IPC. After completing the investigation, challan was submitted to the Court. All the accused persons were charged under Sections 363/366/34, IPC. They were separately charged under Section 376, IPC also. Bal Kishan & Prahlad were further charged under Sectional 506/34, IPC.

(3.) In proof its case, prosecution examine Geeta, PW-1, her father Rakesh PW- 2, M.S. Rawat, Medical Record Techician of AIIMS, New Delhi, PW-3 (also produced as PW-4), Mr. D.C. Anand, Presiding Officer, Labour Court PW-5, Smt. Kamlesh Khanija, Principal, M.C.D. Primary School, DDA Slum Kalkaji, New Delhi PW-6, H.C. Satya Pal PW-7, SI Raj Singh PW-8. Besides, H.C. Liyaqat Ali, Duty officer PW-9. 405