SUNIL KUMAR Vs. STATE

JUDGEMENT

(1.) Sunil Kumar challenges the impugned judgment dated 27th July, 2001 convicting him for offences punishable under Sec. 366/368/376 Penal Code and the order on sentence dated 3rd Aug., 2001 directing him to undergo rigorous imprisonment for a period of seven years with a fine of Rs.500.00 each for the offences punishable under Sec. 366/368/376 IPC.

(2.) The prosecution case springs out of a complaint lodged on 12th March 1998 by PW-11, father of the prosecutrix, wherein he stated that on 9th March, 1998 around 8:30 P.M., PW-1 the prosecutrix left the home without informing anyone. On 10th March, 1998, he had lodged a missing complaint vide DD No. 9. He tried to search for her but he could not find her. He also stated that he suspected that Sunil, who stays opposite to his house, had enticed her. On the basis of his statement Ex. PW-5/A, FIR number 191/1998 was registered at PS Ambedkar Nagar under Sec. 363 IPC. On 27th March, 1998, the prosecutrix PW-1 was recovered from Anand Vihar bus stand. Sunil Kumar was arrested by PW-12 HC Balbir. Both the prosecutrix and Sunil Kumar were medically examined. Statement of the prosecutrix was recorded under Sec. 164 Crimial P.C. Charges for offences punishable under Sections 363/368/376 Penal Code were framed against Sunil Kumar. After recording statements of 12 witnesses including the prosecutrix, learned trial court convicted the appellant as above.

(3.) Learned amicus curiae, at the very outset, submits that since the appellant was not given the right to legal aid, the trial was conducted in violation of Art. 21 of the Constitution of India. In order to substantiate her submission, she points out that the appellant was not given an adequate opportunity to cross examine the prosecution witnesses and since he was not represented by a counsel, none of the prosecution witnesses were cross examined. She further stated that out of the 12 prosecution witnesses, only one prosecution witness being PW-10 Dr. Kirti Ram, Record Clerk, AIIMS could be cross examined.