ANUP Vs. STATE OF HARYANA

JUDGEMENT

(1.) Since common questions of law and facts are involved in both these appeals, i.e. CRA-D-271-DB-2005 and CRA-S-781-SB-2005, therefore, these are taken up together and being disposed of by a common judgment.

(2.) These appeals are instituted against the judgment dated 03.03.2005 and order dated 07.03.2005, rendered by learned Additional Sessions Judge, Rohtak, in Sessions Case No. 16/2994 dated 11.06.2004. Appellants Anup alias Sonu and Ramesh were charged with and tried for the offences punishable under Sections 363, 366, 376 and 376 (2) (g) IPC. Appellant Ramesh was acquitted of the charge under Section 363 IPC and both the appellants were acquitted of the charge under Section 376 (2) (g) IPC. Appellant Ramesh was convicted and sentenced under Section 366 IPC to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/-, and in default of payment of fine to further undergo rigorous imprisonment for one year. Appellant Anup alias Sonu was convicted and sentenced under Section 376 IPC to undergo rigorous imprisonment for fourteen years and to pay a fine of Rs. 10,000/-, and in default of payment of fine to further undergo rigorous imprisonment for two years.

(3.) The case of the prosecution, in a nutshell, is that complainant Nirmala met Assistant Sub Inspector Daya Nand on 18.04.2004. She submitted an application Ex. P12 before him. According to the averments made in the complaint, the prosecutrix was her daughter. She was aged 18 years. She was studying at Shiv Dharam Girls Senior Secondary School, Rohtak. On 14.04.2004, the prosecutrix went to Rohtak on the pretext of getting the scholarship. She advised the prosecutrix to take her grand-father along with her. However, the prosecutrix obtained money from her grandfather and went alone. She followed her upto bus stand of village Kabulpur. When her daughter boarded the bus, accused Ramesh also boarded the bus. Her daughter did not come back. In the evening, she went to her brother-in-law Ashok at Arya brick-kiln Ladhot. She narrated the entire story to him. He told that on the previous day, at about 10.00 AM, the prosecutrix met him along with accused Ramesh at Sukhpura Chowk, Rohtak. The FIR was registered vide Ex. P13. The investigation was completed and challan was put up after completing all the codal formalities.