VINOD Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 21.7.2003, and the order of sentence dated 23.07.2003, rendered by the Additional Sessions Judge, (Ad hoc), Fast Track Court, Faridabad, vide which he convicted and sentenced the accused, as under :-

(2.) The facts, in brief, are that on 13.09.2002, accused Rajindri (since acquitted) had come to the house of the prosecutrix, to deliver her a letter written by her co-accused, Vinod. In that letter, Vinod, accused had requested the prosecutrix, to meet him at 3.00 PM at Sohna Chowk. After reading that letter, the prosecutrix had torn the same, and had gone to the disclosed place, at the appointed time, on 14.09.2002, where Vinod, accused was already present. He took her in an auto rickshaw to old Faridabad on the pretext, that he would perform marriage with her. When they reached Old Faridabad, one Raju and his girl-friend Poonam also met the prosecutrix and Vinod, accused. There, Vinod, accused and Raju, made her to consume some cold-drink, mixed with some intoxicant. On consuming the same, the prosecutrix became unconscious. Thereafter, Vinod, accused and two others namely Raju and Poonam, took the prosecutrix, in a Maruti van, to Jalandhar where they stayed for 3-4 days. During those days, Vinod, accused had been pressurizing her to perform marriage with him. Thereafter, Vinod, accused, took the prosecutrix, to a temple, where they performed marriage.

(3.) On 21.09.2002, they left Jalandhar for going to Agra and when at about 3.00 PM, they reached Ballabhgarh Railway Station, and were waiting for a train, for going to Agra, the parents of the prosecutrix, her uncle Mohan Lal and some Policemen, came there. On seeing the Police, Raju, slipped away, from the spot, while the prosecutrix and Vinod were apprehended, by the Police. The statement of the prosecutrix was recorded by the Police, wherein she narrated the occurrence. She was handed over by the Police, to her father, and uncle Mohan Lal 2-3 days thereafter, the statement of the prosecutrix was recorded under Section 164 Cr.P.C., by a Judicial Magistrate, at Faridabad.