STATE (DELHI ADMINISTRATION) Vs. DHARAMVIR

JUDGEMENT

(1.) THIS is an appeal against acquittal. The judgment is delivered by Sh. D.O. Aggarwal, Additional Sessions Judge and is dated 16th June, 1977. All the accused had undergone trial under sections 366, 364, 368 & 302/34 IPC and the only exception was that of Kailash Chand, accused who was charged only under section 302/34 IPC. The names of the other accused are Dharamvir, then aged 19 years, Hava Singh, then aged 20 years, Mohar Singh, then aged 21 years. At the time of trial Kailash Chand accused was aged 21 years.

(2.) THE prosecution case in brief is that Roop Ram, father of Sushila, deceased, used to purchase milk from the dairy of Mallu, father of accused Dharamvir. As usual, on 31st December, 1975 at about 5-15 AM Sushila, deceased, goes to the said dairy to fetch milk, but does not return back. A report is lodged by Ram Parkash s/o Roop Ram on the same day at 5-15 PM at Police Station Kingsway Camp wherein it was stated that Sushila is missing and a D.D. entry No. 9 marked Ex. PW11/A came to be recorded. Inter alia, it was stated therein that at the time of her disappearance, Sushila, was wearing green coloured shirt and Salwar and a Shawl.

(3.) IN the house of Ch. Surat Singh accused Dharamvir in the presence of PWs Partap Singh, Bhagwat Prasad Pal, Narain Singh, S. Walter, Risal Singh and Shankar is stated to have made an extra judicial confession that all the three of them had enticed Sushila and taken her to Q. No 19 in University area and was kept in confinement there forcibly and on 3.1.76 they took her for sale to village Kharkali in U.P. where the maternal uncle of accused Mohar Singh resides. They further stated to have confessed that there they stayed for one night but since they were not able to sell her they brought Sushila back to Lal Quarter. Dharamvir accused gave no further clues regarding the whereabouts of the girl.