JASMER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide order dated 1.6.1988, Sessions Judge, Kurukshetra convicted and sentenced appellant Jasmer Singh to undergo RI for four years and one year respectively for offences punishable under Sections 366 and 376 Indian Penal Code respectively in case FIR No. 92 dated 28.8.1987 registered under Sec. 363/366/376 Indian Penal Code at PS Dhand.

(2.) The prosecution case in brief is that on the night intervening 19/20.8.1987, Mohindro daughter of Khila Ram of village Pabala disappeared from her house. Khila Ram was away. When he returned to his house 20.8.1987, his wife Smt. Bharpai told him about the disappearance of their daughter Mohindro since the previous night. She told him that she and their daughter Mohindro had gone to sleep at about 10 P.M. and when she woke up at mid-night, she found that Mohindro was not on her cot. He searched for his daughter here and there in the neighbourhood. He enquired about his daughter from the inmates of the house of Jasmer Singh. Mohindro was on visiting terms at the house of Jasmer Singh and they used to exchange items of daily use from each other. Smt. Bharpai also tried to trace Mohindro. She took along her relations with her in search of Mohindro. On 28.8.1987, Khila Ram went to Police Station Dhand where FIR No. 92 dated 20.8.1987 was recorded on his statement. On 23.8.1987 at about 4 P.M., S.I. Gian Singh was present near railway station Dhand along with Khila Ram and others. In the meanwhile, accused came there with Mohindro Prosecutrix. Khila Ram pointed out towards them. He arrested Jasmer Singh accused. He also secured Mohindro. He recorded Mohindro's statement. He got Mohindro medically examined at Civil Hospital, Kaithal. Doctor's opinion was that he had been subjected to sexual intercourse. Mohindro was radiologically examined at Civil Hospital, Kaithal for ascertaining her age. Jasmer Singh was medically examined by Dr. S.C. Mittal, Medical Officer, PHC, Dhand with a view to ascertaining whether he was capable of sexual intercourse. After investigation, accused was challaned. Case was committed to the Court of Session by Sub Divisional Judicial Magistrate, Kaithal vide order dated 27.11.1987.

(3.) At the conclusion of the trial, Jasmer Singh was convicted and sentenced by Sessions Judge, Kurukshetra as indicated above.