STATE OF HARYANA Vs. ANIL KUMAR

JUDGEMENT

(1.) THE State of Haryana has filed this appeal against the judgment dated 13.03.1985, passed by Mr. Dewan Chand, Addl. Sessions Judge II, Jind, in Sessions Judge II, Jind, in Sessions Case No. 1 of 07.10.1984/25.11.1993, Sessions Trial No. 22 of 29.11.1994, whereby the accused (respondent-herein) has been acquitted of the charge under Sections 363, 365 and 376 of the Indian Penal Code.

(2.) THE prosecution case, is partially set out in the First Information Report No. 141 dated 08.04.1993 registered at Police Station, City Jind, District Jind, on the statement of Balku Ram son of Surta Ram, Balmiki, resident of House No. 3703, Urban Estate, Jind. He stated that his daughter Lakhwinder Kaur, aged about 14 years has been doing domestic work in the house of one Naresh Kumar, resident of House No. 1619, Urban Estate, Jind, for the last three years. In the morning of 07.04.1993 at about 7.30 a.m., his daughter was called by Naresh Kumar to his house for doing domestic work. Earlier his daughter used to go for domestic work at noon time. She did not come back to the house on that day. His niece Sunita daughter of Sobha Ram had seen his daughter sitting in the car of Naresh Kumar when his niece was grazing the goats near sales tax office. She had seen his daughter sitting in the car at about 9.30 a.m. He stated that he has a suspicion that the family of Naresh Kumar might have left his daughter somewhere after inducing her. Naresh Kumar is stated to be a government employee in a Bank. At the relevant time, he was on duty in Oriental Bank of Commerce, Gohana. He had, thereafter, shifted his house from Urban Estate, Jind to Gohana. He further states that Naresh Kumar had asked his daughter many times to go with them to Gohana as girl like her was not available there. He further stated that "we also suspect that my daughter had got changed her old suit after getting it mended at his house. It could be possible that she might have gone with him. Uptill now, I have searched my daughter at my own level in brotherhood but could not trace her. Action be taken".

(3.) ON 13.04.1993, Malkiyat Singh, Sub Inspector, received a secret information that the girl was seen roaming around in Sohna town in the company of one Anil Kumar. On receipt of this information, he joined the father and reached to Sohna. They found Anil Kumar and Lakhwinder Kaur standing at the bus-stand, Sohna. Statement of Lakhwinder Kaur was recorded under Section 161 of Code of Criminal Procedure. The police also visited the places pointed out by Lakhwinder Kaur, where the alleged rape had taken place. Site plan was prepared. Lakhwinder Kaur was medico-legally examined. Her clothes were made into a parcel. Another parcel containing two swabs were duly sealed by the doctor and the same were taken into possession vide Memo Ex. PK. Anil Kumar was also medico-legally examined. During investigation, Lakhwinder Kaur narrated the story. She stated that Anil Kumar accused met her on the way. He asked her to enjoy Haryanvi songs in Kundan Cinema. She accompanied him. She was served tea at bus stand, Jind. On drinking the tea, she became giddy. The accused took her near the culvert of Safidon road. She became semi- unconscious. He took her to the ditches and committed "bad acts" with her. Again, she was brought to the bus stand, Jind. Again, she was served with tea. Then he brought her to Gurgaon in a semi-unconscious condition. She was taken to Sohna via Bahadurgarh. She also remained unconscious in the bus. Anil Kumar took her to his Auntie's house (Bua). He kept her in a separate room and used to commit "bad acts" with her. One day when they were waiting for a bus at bus stand, Sohna, they were apprehended by the police accompanied by her father. They were got medicolegally examined. On completion of the investigation, a report under Section 173 Code of Criminal Procedure was prepared and presented to the Court for trial of Anil Kumar.