CHARAN SINGH Vs. STATE

JUDGEMENT

(1.) THE Appellant Charan Singh has spent almost five years in judicial custody apparently for the reason that he happened to fall in love with a girl who was Muslim. The girl was also in love with the Appellant and perhaps fearing opposition from the family to their intention to get married, she preferred to leave her home to marry the Appellant and live a contended life with the Appellant in his village. They had plans to educate their children despite the fact that they were illiterate persons residing in jhuggi cluster. However, their dreams could not come true as after her recovery from the village of the Appellant, though initially she wanted to live with the Appellant as his wife, however, during trial may be under family pressure, she preferred to depose against him resulting into his conviction for committing the offences Punishable under Sections 363/366/376/377 IPC.

(2.) FEELING aggrieved by his conviction and sentence awarded to him for committing the offence punishable under Sections 363/366/376/377 IPC vide impugned judgment and order on sentence dated 31.03.2012 and 07.04.2012 respectively, the Appellant Charan Singh has preferred this appeal. On being convicted for committing the offence punishable under Sections 363/366/376/377 IPC, the Appellant has been sentenced as under :

(3.) THE case FIR No. 58/2010 under Sections 363/366/376/377 IPC was registered at PS Nihal Vihar on the basis of statement Ex.PW2/A made by Mr. Rafiq Khan - father of the Prosecutrix on 23.03.2010 which is to the effect that he used to repair cycles. His daughter 'S' (name of the Prosecutrix withheld to conceal her identity) aged about 15 years had left home at about 8.30 am on 22.03.2010 on her cycle to work in House No. 52, N.P. Apartment, H -3 Block, Vikas Puri, Delhi but she failed to report there. He tried to make search for his daughter at his own level but could not trace her. He also expressed suspicion on a boy namely Charan, who also used to reside near his Jhuggi and was also missing. After registration of FIR, search was made for the missing girl as well accused Charan. Both of them were recovered from Village Gohand at the instance of the Complainant. Statement of the Prosecutrix under section 164 Cr.P.C. was also got recorded. Exhibits were sent to FSL and after completion of investigation, chargesheet was filed.