CHAND Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order on sentence dated 28.07.2012 and 31.07.2012 respectively wherein the appellant stands convicted under Ss. 366/376 of the IPC. The maximum sentence awarded to him is RI 7 years. He also has to pay a fine of Rs. 7,000/ - and in default of payment of fine to undergo SI for 3 months.

(2.) Nominal roll of the appellant has been requisitioned. It reflects that as on date, he has undergone incarceration of 5 - 1/2 years which includes the remissions earned by him.

(3.) The version of the prosecution is that on 29.04.2011, a complaint was received from one Ramanand which was to the effect that his daughter 'AJ' aged 14 years was missing since 3 PM. She had not returned home. FIR was initially registered under Sec. 363/366 of the IPC. In the course of investigation, it was suspected that appellant Chand had taken the prosecutrix to Jhajhar, Haryana. The victim had stayed in the house of the appellant at Panipat from where they were recovered. Her bony age was determined by the doctor on 12.05.2011 who had opined her age to be between 16 -17 years. On 07.05.2011, the statement of the victim under Sec. 164 of the Cr.P.C. was recorded. She was sent to Nirmal Chaya.