SUSHIL KUMAR Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal is to a judgment dated 18.12.2003 of learned Additional Sessions Judge in Sessions Case No.35/2000 emanating from FIR No.616/99 registered at Police Station Patel Nagar whereby the appellant-Sushil Kumar was convicted under Sections 363/366/376 IPC. By an order dated 22.12.2003, he was sentenced to undergo RI for three years with fine Rs. 1,000/- each under Sections 363/366 IPC and RI for seven years with fine Rs. 5,000/- under Section 376 IPC. The sentences were to operate concurrently.

(2.) The prosecution case in brief is that on 28.08.1999 Ramdhari Yadav lodged complaint in the police station, Patel Nagar, informing that his daughter 'X' (assumed name), aged 15 years, who had gone at 07:00 a.m. to her school did not return. He suspected appellant's involvement in her kidnapping. Efforts were made to find 'X' but in vain. Finally, on 30.08.1999, the instant FIR was lodged. During investigation, the accused was apprehended and 'X' was recovered from his house on 17.09.1999.

(3.) I have heard the learned counsel for the parties and have examined the file. Admitted position is that 'X' and the appellant were acquainted with each other before the incident. The appellant used to impart tuition to her since the date 'X' was in IV th standard; was her teacher till VIIth standard and lived in her neighbourhood. It appears that during that period intimacy developed between the two and they started meeting each other. The appellant used to meet 'X' near her school and ask her to marry him. When 'X's parents came to know about it, they discontinued her tuition and the appellant shifted his residence to Prem Nagar. The appellant and 'X', however, continued to meet 'X' disclosed in her Court statement as PW-5 that on 28.08.99 at about 07:00 a.m. when she had gone to school, the appellant met her outside the school-gate and offered to accompany him to watch a movie. She accompanied him leaving her school bag in the school. She was taken to Faridabad in a bus where he had rented a room. 'X' informed that after reaching Faridabad, during day time, the appellant forcibly established physical relations with her; She bleeded from her private parts. She remained sick for four days.