RAJ KUMAR Vs. STATE

JUDGEMENT

(1.) Guru Nanak Pura, Tilak Nagar is three kilometers away from Nihal Vihar, Nangloi. Raj Kumar lived in Guru Nanak Pura but was no stranger to Nihal Vihar where used to live his friend Surinder Kumar. In the neighbourhood of Surinder Kumar lived Narain Singh with his wife and a daughter by the name of Pushpa who had already crossed the age of minority. On April 17, 1988 at about I p.m. when Narain Singh came back home he found Pushpa missing. Failing to locate her he went to the house of Raj Kumar at about 1.30 or 2 p.m. Raj Kumar said he knew nothing. He then lodged a report with the police. On the 23rd she was back home. The next day she was taken to the police authorities who got her medically examined and later produced her before a Metropolitan Magistrate who recorded her statement under section 164 of the Code of Criminal Procedure.

(2.) This is how Pushpa unfolds the story. On April 17, 1988 at about II a.m. Raj Kumar came to her on a two wheel scooter, took her to the Inter State Bus Terminal and from there to Ghaziabad. This part of the journey was completed in a bus. From the bus stop she was taken to a Jhuggi where the other inmates served them lunch. And then exits Raj Kumar from the scene giving way to his friend Surinder Kumar to occupy the centre-stage. Surinder Kumar keeps her in the Jhuggi for three days, violates her body repeatedly and then leave her for good at the Inter State Bus Terminal, Delhi.

(3.) The learned Additional Sessions Judge has accepted her version, without hesitation. As a result Raj Kumar stands convicted and sentenced under section 366 while Surinder Kumar has been convicted and sentenced under section 376.