RAM NIWAS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by Ram Niwas son of Dashmi. He was named as accused in case FIR No.23 dated 25.1.1996 registered at Police Station Barwala under Sections 363, 366 and offence under Section 376 IPC was added later. The Court of Additional Sessions Judge, Hisar found the appellant guilty for offence under Sections 366 and 376 IPC. The appellant was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.10,000/- for offence under Section 366 IPC, in default of payment of fine, he was to further undergo rigorous imprisonment for one and a half year. He was also sentenced under Section 376 IPC to undergo rigorous imprisonment for seven years and to pay a fine of Rs.10,000/- and in default of payment of fine, he was to further undergo rigorous imprisonment for one and a half year. Both the sentences were ordered to run concurrently.

(2.) In the present appeal, the impugned judgment has been assailed and it has been prayed that conviction recorded and sentence awarded by the Court of Additional Sessions Judge, Hisar be set aside. Name of the prosecutrix is being withheld so that identity of the prosecutrix is not revealed. In the present case, FIR was lodged on basis of the statement made by Bhim Singh, father of the prosecutrix. Statement Ex.PB was recorded at the Police Station when complainant reached there to lodge the report. Complainant Bhim Singh stated that he is aged 40 years and is resident of Village Panihari and employed as Clerk in Irrigation Department at Hisar. After performing his duties, he used to daily return to his village. He had got six children, out of which four were daughters and two sons. Eldest daughter Saroj was married and younger son was a student of 9th class. Thereafter daughter (prosecutrix) was aged 16 years. Other children were toddlers. Prosecutrix used to do household work and was illiterate. House of Dashmi son of Jahiria, Caste Harijan adjoins the house of complainant. His son Ram Niwas was aged 20 years and was a student of 10th Class. Father of the complainant and Dashmi had cordial relations and they used to visit each other. Two months before the occurrence, prosecutrix had gone to Barra to throw gober (cow dung). At that time, wife of the complainant saw that Ram Niwas had performed wrong act with the prosecutrix. Krishna wife of the complainant pulled up Ram Niwas. In the evening when complainant returned, his wife told him about the incident. Complainant also called Ram Niwas and told him not to repeat such act in the future. On 25.1.1996, wife of the complainant had gone to neighborhood to offer condolences, as some body had died there. Prosecutrix was left alone at the house. After one hour when wife of the complainant Krishna returned to her house, she found that prosecutrix was missing. Family of the complainant searched for the prosecutrix till 6.00 P.M. When complainant after performing his duty at Hisar reached the village, his wife told him that prosecutrix was missing. From the neighborhood, it was learnt that Ram Niwas son of Dashmi had induced the prosecutrix to elope with him. Accompanied by son of the uncle (Chacha), complainant came to the police station to lodge the report. From the statement Ex.PB, following three facts are apparent:-

(3.) PW3 Dr.Arun Gupta, Medical Officer, General Hospital, Hisar conducted radiological examination of the prosecutrix on 11.3.1996. As per ossification test, he determined the age of prosecutrix between 15 years to 16 years. In the cross-examination, this witness stated that there is variation of approximate three years on either side.