SAGAR KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant has come in appeal against the judgment and order dated 29/31.08.2001 (hereinafter referred to as the 'impugned judgment') passed by the learned Additional Sessions Judge, Gurgaon, (hereinafter referred to as the 'trial Court') whereby the appellant has been convicted for the offence punishable under Sections 376, 363 and 366 IPC and awarded the sentence as under :-

(2.) The brief facts of the case, as emanating from the prosecution version, are that on 4.9.2000, the complainant, Pehlad Singh met ASI Om Parkash near APJ College, Haripur and moved an application before him stating that he has 8 children. His eldest daughter, Laxmi Devi, was already married and the prosecutrix, who is younger to Laxmi Devi, was unmarried. The complainant had been residing in the hut along with his family members and doing the labour work at APJ College. The prosecutrix was also doing the labour work there. It was alleged in the complaint that the accused-appellant, Sagar Kumar, who was also working there and residing in the nearby hut, seduced the prosecutrix and took her along at 4.00 a.m. on 31.8.2000. As his daughter, the prosecutrix and the appellant, Sagar Kumar, had gone missing, he suspected that the appellant had kidnapped the prosecutrix. The complainant made efforts to trace his daughter but in vain. Later on, the complainant found a letter written by the appellant which was left in the hut of one Udey Nath, Munshi, with whom the appellant had been working.

(3.) On the basis of aforesaid complaint, a case was registered against the appellant and investigations were conducted by ASI Om Parkash. On 13.9.2000, the appellant was arrested and the prosecutrix was recovered from his illegal custody.