ANITA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment will dispose of Criminal Appeal Nos. 137-SB of 1997 (Anita v. State of Haryana) and 225-SB of 1997 (Rakesh Kumar v. State of Haryana) arising out of judgment dated 22.1.1997 passed by learned Additional Sessions Judge, Ambala convicting and sentencing the appellants in the manner indicated below. Anita, appellant was sentenced as under :-

(2.) THE prosecution story in brief is that appellant Rakesh Kumar was residing as a tenant in one room in the house of Sikander alongwith his sister Anita. On 14.6.1992, Laxmi-prosecutrix, who is grand daughter of Karma (father of Sikander) saw a movie on the TV in the house of her grand father upto interval and then went towards her house. However, she did not return on the resumption of the movie. She told her mother that she was going to see the movie but she did not reach the house of her grand father. The mother of Laxmi enquired about Laxmi from her father-in-law, Karma. A search was made for Laxmi. Karma took Gurdev Singh, Sarpanch with him. Prem Singh told them that he had seen Laxmi, Rakesh Kumar and Anita while going towards Village Mauli. On the basis of that, Karma made a statement (Ex.PJ) to the police on 30.6.1992 that his grand daughter Laxmi had been kidnapped by accused Rakesh Kumar and his sister Anita. He also stated that his grand daughter was minor. On the basis of the statement made by Karma, FIR, Ex. PJ/1 was recorded.

(3.) THE prosecution examined PW-1, Dr. Veenu Arora, Medical Officer, PW-2 Udey Bhan, Draftsman, PW-3 Prem Singh, PW-4 Gurdev Singh, Sarpanch of the village, PW-5 Jagjit Singh, Head Master, PW-6 Dr. Ashok Sabharwal, PW-7 Khairdin, PW-8 Karma, complainant, PW-9, Brij Bhusan, PW-10, Sham Sunder, ASI, Investigator, PW-11, prosecutrix Laxmi @ Parveen and PW-12 Suraj Bhan, Sub Inspector, Investigator and closed the evidence.