JITENDER @ MONU Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant was convicted for an offence under Section 363 of the Indian Penal Code ("IPC"- for short) vide judgment dated 11.1.2000 by the Additional Sessions Judge, Narnaul. Vide order dated 13.1.2000, the appellant was sentenced to undergo rigorous imprisonment for a period of four years with a fine of 500/-. Hence, the present appeal.

(2.) Prosecution case, as noticed by the trial Court in para Nos. 2 to 4 of its judgment, is reproduced herein below:-

(3.) On the intervening night of 9/10 th of September, 1998 at about 12.00 mid night accused Jitender enticed away his daughter Suman Bala with malafide intention. He caught prosecutrix Suman Bala by her arm and took her along. The complainant's mother Bulli (PW-4), who was sleeping near the prosecutrix on the roof top, chased them but could not catch them. She then raised an alarm on hearing which the neighbourer Bahadur son of Chander, complainant's wife Prem and other neighbourers chased the accused and the prosecutrix. On account of darkness and the crop of bajra standing in the fields the accused and the prosecutrix could not be traced.