LILLU ALIAS RAJESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed by Lillu alias Rajesh, Manoj, Satish alias Sitta and Kuldeep, accused-appellants against the judgment of conviction dated March 4th, 2002 and order of sentence dated March 5th, 2002 passed by learned Additional Sessions Judge, Jind, whereby, they were convicted and sentenced as under : Offence U/SSentenceFineIn default Lillu alias Rajesh, accused-appellant 376 IPCR.I. for 7 yearsRs. 5000/-RI for two years. 506 IPCR.I. for 2 years-- Manoj, accused-appellant 376(2)(g) IPCImprisonment for LifeRs. 5000/-RI for two years. 506 IPCR.I. for 2 years -- Satish alias Sitta, accused-appellant 363 IPCR.I. for 5 yearsRs.1,000/-Imprisonment for one year 366 IPCR.I. for 5 yearsRs. 1000/-RI for 1 year 506 IPCR.I. for 2 years-- 376 IPCR.I. for 7 yearsRs. 5000/-RI for two years Kuldeep, accused-appellant 363 IPCR.I. for 5 yearsRs. 1,000/-RI for one year 366 IPCR.I. for 5 yearsRs. 1000/-RI for 1 year 506 IPCR.I. for 2 years-- 376(2)(g) IPCImprisonment for LifeRs. 5000/-RI for two years

(2.) Facts are these : On March 6th, 2001, at about 7.00 PM, the Prosecutrix (PW-5) was inside her house, situated in village Badhana. Her mother, Savitri - complainant (PW-4) was also present in the house. She heard the shrieks of the prosecutrix that she was caught hold of by Satish alias Sitta son of Chamru. Savitri (PW-4) was not keeping good health. Her husband was in the fields. Kamlesh, wife of his son, had gone to the fields to answer the call of nature. When Kamlesh came back, she asked her to find the prosecutrix. Kamlesh made the search for the prosecutrix, but no clue could be found. A suspicion arose that Satish alias Sitta son of Chamru had kidnapped the prosecutrix. On March 7th, 2001, Savitri (PW-4) made statement (Exhibit PF) to Om Parkash, Assistant Sub Inspector, Police Station Alewa (PW-14). He appended his endorsement (Exhibit PF/1). First Information Report (Exhibit PE) under Sections 363 and 366 IPC was recorded. Om Parkash (PW 14) along with other Police officials reached the field situated in village Badhana itself, in search of the prosecutrix. When he reached near the fields of Chamru, father of Satish alias Sitta, accused-appellant, he saw the prosecutrix present there and the accused-appellant ran away from the spot after seeing the Police party. The statement of the prosecutrix (Exhibit DB) was recorded by Om Parkash - Investigator (PW-14). The offence under Sections 376, 376(2)(g) and 506 IPC were added. The statement (Exhibit PG) of the prosecutrix was also recorded by Sh. Rajesh Sharma, Judicia' Magistrate Ist Class, Jind (PW-8). She was medico legally examined by Dr. Malti Gupta, Medical Officer, Government Hospital, Jind (PW-1). The matrix of the statements (Exhibit DB and Exhibit PG) of the prosecutrix is that :

(3.) On March 9th, 2001, all the accused-appellants were arrested.