FIROZ Vs. STATE (GNCT OF DELHI)

JUDGEMENT

(1.) Challenge in this appeal is a judgment dated 11.01.2013 of learned Addl. Sessions Judge in Sessions Case No.17/11 arising out of FIR No.390/10 PS Narela by which the appellant Firoz was convicted under Sections 363/376 IPC. By an order dated 31.01.2013, he was sentenced to undergo RI for seven years with fine Rs.5,000/ - under Section 376 IPC and RI for three years with fine Rs.3,000/ - under Section 363 IPC. Both the substantive sentences were to operate concurrently.

(2.) Briefly stated, the prosecution case as reflected in the charge - sheet was that on 16.09.2010 at around 7.30 p.m. the appellant in furtherance of common intention with one Munni (since acquitted) kidnapped the prosecutrix 'X' (changed name), aged around 12 years, from the lawful guardianship of her parents from House No.E -291, JJ Colony, Bawana. The prosecutrix was, thereafter, taken to Aligarh where the appellant established physical relations with her during the period from 16.09.2010 to 18.09.2010.

(3.) On 16.09.2010 at about 07.30 the prosecutrix went missing from her house. Efforts were made by her family members to find her out but she could not be traced. Subsequently, they came to know that 'X' after being kidnapped by the appellant in connivance with Munni has been taken to Aligarh. 'X' was brought from there. Matter was reported to the police. The Investigating Officer after recording victim's statement (Ex.PW -4/A) lodged First Information Report on 19.09.2010. 'X' was medically examined; she recorded her 164 Cr.P.C. statement. The accused was arrested. Statements of the witnesses conversant with the facts were recorded. Upon completion of investigation, a charge -sheet was filed against the appellant and Munni for commission of various offences. In order to establish its case, the prosecution examined seventeen witnesses. In 313 Cr.P.C. statements, the accused persons denied their involvement in the crime and pleaded false implication. DW -1 (HC Anil Kumar) and DW -2 (Mohd.Yusuf) were examined in defence. Upon appreciation of the evidence and after considering the rival contentions of the parties, the Trial Court, by the impugned judgment, found the appellant guilty of offences under Sections 363/376 IPC. It is relevant to note that co -accused Munni was acquitted of the charges and the State did not challenge her acquittal.