LAWS(P&H)-2010-12-48

RAJINDER KUMAR Vs. STATE OF HARYANA

Decided On December 01, 2010
RAJINDER KUMAR Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Raju, the appellant has preferred this appeal against the judgment/order of conviction and sentence dated 31.5.2000/01.06.2000, under Sections 363, 366, 376 and 506 IPC by the learned Additional Sessions Judge, Karnal sentenced him as under :-

(2.) This case was registered on the statement made by the complainant, Phool Chand, PW10, father of the prosecutrix, who stated that he has four daughters and one son. His elder daughter is married at Patiala, younger to her is married at Tohana. His son Yash Pal is younger to her and next to him is prosecutrix @ Rinku, aged 15= years, is youngest among daughters. On 27.7.1997 he and his wife had gone in Jagrata. The prosecutrix, his other younger daughter Pooja, PW8, and his son Yashpal were present at the house. When they came back in the morning at about 6/7 a.m. from Jagran, his son Yash Pal told them that the prosecutrix was not present in the house since 4.A.M. He also told him that Rajinder Kumar @ Pappi son of Ram Sar up Caste Balmiki R/o I.T.C. Centre, Nilokheri was seen wandering near their house in the mid-night at about 1.30 a.m. He searched the prosecutrix in nearby villages and in all the relations but no clue was found. He gave information in writing to the police as well also in this respect. After he was fully confident that above said Rajinder Kumar @ Pappi had enticed away his daughter-prosecutrix aged about 15= years with an intention to marry her. His daughter may kindly be recovered and action against above said Rajinder Kumar be taken.

(3.) Phool Chand, PW10, father of the prosecutrix accosted ASI Wazir Singh, PW13, at bus stand Nilokheri, on 5.8.1997 and got his statement recorded, on the basis of this statement FIR Ex. PR/2 was registered. The special report reached Judicial Magistrate, Karnal on the same day at 2.10 PM.