RAVINDER KUMAR Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The appellant- Ravinder Kumar challenges the correctness of judgment and order on sentence dated 06.04.2011 in Sessions Case No. 255/2008 arising out of FIR No. 992/2007 PS Saraswati Vihar by which he was convicted for committing offences punishable under Sections 363/366/376/342 IPC and sentenced to undergo RI for seven years with total fine Rs. 6,000/-.

(2.) The prosecutrix 'X' (assumed name) aged 14 years went missing on 04.10.2007. Smt.Basanti, her mother lodged missing person report on 05.10.2007. Efforts were made to find out the whereabouts of the prosecutrix but in vain. On 16.10.2007, complainant-Basanti suspected Ravinder Kumar to have kidnapped 'X'. On 08.02.2008, Ravinder Kumar and 'X' were apprehended when they were present at ISBT, Delhi.

(3.) The prosecutrix remained in the company of the accused for four months at various places i.e. Delhi, Panipat and Hardoi. They established physical relations. The accused examined DW-1 (Ramgopal Mishra), District Marriage Officer, Hardoi, UP who deposed that on 28.11.2007, Ravinder Kumar and 'X' had come in the office with their photographs for registration of the marriage. They were duly identified by Mr.S.C.Mishra, Advocate. He directed the parties to produce their proof of age. 'X' moved an application stating that she was 21 years old and had married Ravinder Kumar and was living as husband and wife. He proved various documents filed in his office and further deposed that at the time of moving the application, both were happy. Their counsel were with them. At no stage, the prosecutrix raised hue and cry about her abduction.