RAJU Vs. STATE OF HARYANA

JUDGEMENT

(1.) INSTANT criminal appeal has been preferred by convict Raju impugning judgment of conviction dated 22.05.2006 and order of sentence dated 24.05.2006 recorded by learned Additional Sessions Judge, Sirsa, thereby convicting the accused -Appellant under Sections 363, 366 and 376 Indian Penal Code and sentencing him to undergo rigorous imprisonment for three years and to pay fine of Rs. 1,000/ -and in default thereof, to undergo further imprisonment for three months under Section 363 Indian Penal Code; to undergo rigorous imprisonment for five years and to pay fine of Rs. 2,000/ -and in default thereof, to undergo further imprisonment for four months under Section 366 Indian Penal Code and to undergo rigorous imprisonment for seven years and to pay Rs. 5,000/ -and in default thereof, to undergo further imprisonment for six months under Section 376 Indian Penal Code, but all the substantive sentences have been ordered to run concurrently.

(2.) PROSECUTION case is that the prosecutrix (name not being recorded) aged about 16 years had gone to ease herself on 14.02.1999. The accused came there and kidnapped her. He took her to the house of one Karam Chand telling there that she was his wife. The accused raped the prosecutrix there during the night. Next day the accused brought the prosecutrix to Sirsa and left her at the house of one person of Dhanak community. The accused went to Ellenabad to bring money, but the accused did not return. Ultimately the prosecutrix was left at the house of his father Kundan Singh -Complainant on 20.02.1999 by one Revati. In the meantime, the complainant had reported the matter to the police on 15.02.1999 by making statement, on which FIR was registered. The prosecutrix was got medically examined. Her statement under Section 164 of the Code of Criminal Procedure (in short, Cr. P.C.) was also got recorded. Necessary investigation was conducted. Statements of witnesses were recorded. Site plan of place of occurrence was prepared. The accused could not be arrested inspite of search and was, therefore, declared proclaimed offender. Ultimately the accused was arrested on 18.10.2004. On completion of investigation, police presented report under Section 173 Code of Criminal Procedure for prosecution of the accused under Sections 363, 366 and 376 Indian Penal Code.

(3.) IN order to prove its case prosecution examined 12 witnesses.