RAMESH @ KALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused-appellant Ramesh @ Kala (herein referred as, "the accused") was prosecuted for abducting the prosecutrix (name not disclosed) and raping her. Consequently, he was tried and vide judgment dated 10.4.2002, convicted and sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs.5000/- under Section 376 IPC; rigorous imprisonment for three years under Section 363 IPC; and rigorous imprisonment for five years under Section 366 IPC.

(2.) The complainant Ram Kumar (herein referred as, 'the complainant') in his statement Ex.PK disclosed that on 20.3.2000, the accused had enticed away his daughter i.e. prosecutrix on the pretext of marrying her. Despite his efforts, she could not be traced out, therefore, on the basis of the aforesaid application dated 5.4.2000, the case FIR Ex.PM/1 was registered against the accused. On 6.4.2000, on the basis of the secret information, ASI Satish Kumar recovered the accused as well as the prosecutrix from the tubewell Kotha belonging to the accused situated in the area of village Bir Nidana. He got her medico-legally examined; prepared the rough site plan of the place of occurrence; recorded statements of the witnesses and on completion of the investigation, challan was presented in the court.

(3.) The accused was charged under Section 363/366/376 IPC to which he pleaded not guilty and opted to contest.