MAHABIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this common order, both the appeals viz. (1) Criminal Appeal No. 1000 -SB of 2003 preferred by Mahabir Singh son of Budh Ram and (2) Criminal Appeal No. 1481 -SB of 2003 filed by Vinod son of Ved Parkash shall be decided together.

(2.) APPELLANT Vinod was named as an accused in case FIR No. 68 dated 03.03.2000 registered at Police Station City Jind under Sections 366 and 376 IPC. Appellant Mahabir Singh son of Budh Ram was summoned by the trial Court after Section 319 Code of Criminal Procedure was invoked. The Court of Sessions Judge, Jind vide its impugned judgment dated 12th May, 2003 held both the Appellants guilty of offences punishable under Sections 366 and 376 IPC and vide a separate order dated 14th May, 2003 sentenced them to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 2,000/ - each, in default of payment of fine to further undergo rigorous imprisonment for one year under Section 366 IPC. They were further sentenced under Section 376 IPC to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 3,000/ - each, in default of payment of fine to further undergo rigorous imprisonment for two years. Both the substantive sentences of each accused were ordered to run concurrently.

(3.) IN the written complaint Ex. PA, a specific allegation has been leveled that the prosecutrix (name withheld to protect her identity) has been taken away by Appellant Vinod. It is further stated that Tikko daughter of Ved Parkash, his nephew Satbir and his son Toni have played a vital role to facilitate elopement of the prosecutrix.