NARINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant alongwith one Mukesh was prosecuted under sections 363.366.376 IPC in FIR No. 77 dated 14/3/1989 registered at police station Gohana. After conclusion of the trial Mukesh was acquitted of all the charges whereas appellant was acquitted under sections 366 and 376 IPC. He was convicted by the learned Additional Session Judge, Rohtak under section 363 IPC and sentenced to undergo rigorous imprisonment for a period of 3 years.

(2.) The prosecution story in brief in that Rekha daughter of Bishamber Dayal PW-9 went to school on 13/3/1989 at 9.00 A.M. to appear in the practical paper of science her turn did not come upto 1.00 P.M. She came out of the school for purchasing a kulfi. Appellant Narinder and Mukesh met her at the gate of the school. They called her and told that the kulfi she was purchasing is not good and that they would get her a good kulfi and show her movie. They both then took her into a bus at Gohana. Mukesh accused went away from there. Appellant took her to Industrial Training Institute saying that he would get a kulfi for her at that place. There he threatened her not to make noise. In the verandah, appellant subjected her to sexual intercourse forcibly against her wishes. He then took her towards the fields and from there to Sonepat in a four-wheeler. Thereafter she was taken to village Bayyapur to the house of her fathers sister but they were not allowed to stay in her house, therefore, they stayed in a school in the same village. On the next date they returned to Gohana by bus.

(3.) On 13/3/1989 at about 7.00 P.M. when Bishamber Dayal returned to his house, he was informed by his wife that Rekha had not returned to the house from the school. He searched for her. On 14/3/1989 he lodged a report at Police Station Gohana. His statement was recorded, on the basis of which formal FIR was recorded.