DALBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Both the appellants before this Court namely Dalbir and Bishan were put to trial in case bearing FIR No. 33 dated 7.3.2001 under Sections 363, 366, 342, 506 IPC, Police Station Civil Lines, Sonepat and the court of learned Additional Sessions Judge-cum-Fast Track Court, Sonepat vide impugned judgment dated 11.8.2004 held both the accused guilty of commission of offences under Sections363, 366, 342 IPC and sentenced them as follows:-

(2.) The appellants have challenged these findings. Heard Mr. Atul Partap Dhankar, Advocate, for the appellants; Mr. Baljinder Virk, DAG, Haryana and perused the records.

(3.) The present case was got registered on the statement of a victim a girl aged around 13/14 years, a school student Ex. PA. In her statement, the girl alleged that on 6.3.2001 around 11.30 AM when she was returning after appearing in examination in her school on the way near Arya Samaj Mandir, two boys who came on motorcycle bearing No. HR-29-5083 accosted her. After questioning the girl about her family told her that her father was calling her to bus stand Sonepat and told her to sit on the motor bike which she did. It is alleged that thereafter the boys took her to a room and told her to take off her clothes which she refused and thereafter it is alleged that the boys started beating her with leather belt and she raised hue and cry and thereafter the boys ran away. It is thereafter upon her statement Ex. PA got recorded on 7.3.2001, endorsement Ex. PB was made on the basis of which formal FIR Ex. PB/1 was got registered. The police took into possession through memo Ex. PC, the clothes of the girl and got her medical examination through report Ex. PE. The police upon investigation visited the place of occurrence and prepared rough site plans Ex. PF and Ex. PG and scaled site plan Ex. PK and took into police possession her proof of birth issued by the school Ex. PH. Upon completion of investigation challan was presented in the Court.