BALWAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant-accused Balwan has challenged the judgment of conviction dated 10.5.1999 and order of sentence dated 12.5.1999 passed by the learned Additional Sessions Judge. Bhiwani by virtue of which he was convicted under Sections 363 and 376 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for seven years and. to pay a fine of Rs. 400 in default of payment of fine to further undergo rigorous imprisonment for two years and to pay a fine of Rs. 100, in default of payment of fine to furtuor undergo rigorous imprisonment for one month, for commission of offence under Section 363 of the Indian Penal Code.

(2.) Succinctly, the facts necessary for the disposal of this appeal are that on 2.4.1998 complainant Hawa Singh lodged a report with the police that he is having two daughter, elder is aged 14/15 years and younger is named Anita. His elder daughter is missing since 1.4.1988 and he searched for her daughter but to no avail and ultimately he has come to know that Balwai Singh (accused) has kidnapped his daughter (prosecutrix). On the basis of this report, a case was registered under Sections 363/366 of the Indian Penal Code.

(3.) On 30.5.1998, S.I. Dharam Pal along with other police personal was present at Bus Stand, Bhiwani when he received a secret information that a boy and a girl were sitting at City Railway Station, Bhiwani. The police went there and apprehended them. On interrogation, the accused disclosed his name as Balwan while the girl disclosed her name (which is not being indicated and she can be described as the victim or the prosecutrix). She was produced before the Magistrate who recorded her statement under Section 164 Cr.P.C. when she was coming to her house, the accused on the point of a knife, took her forcibly to a room and committed rape upon her. After committing rape, he took her to another room and kept her there for 3/4 days and during this period he used to commit rape upon her. She also disclosed that the ac- cused took her to Hardiwar and then to Kanshipur and kept her there for about 20-25 days where he also committed rape upon under threat. On the basis of this statement, offence under Section 376 IPC was added. The prosecutrix and the accused were got medico-legally examined. After receipt of the report and completion of investigation, challan was presented against the accused.