HUKKAR @ ISMILE Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of Criminal Appeal No. 104-SB of 1990 (Hukkar alias Ismile and another v. State of Haryana) and Criminal Appeal No. 116-SB of 1990 (Fakru and two others v. State of Haryana).

(2.) AS per the prosecution story, Isab Khan, father of the prosecutrix, Shakila, filed a complaint with the police that his daughter Shakila has been kidnapped on 16.9.1987 by Karim Baksh alias Handa and his sons Fakru and Pappu, who were living in a Jhugi in his neighbourhood with the active help of Ismile alias Hukka son of Jain Khan and Bhulla son of Ferozekhan. Shakila was recovered from accused Fakru on 10.10.1987 from the Bus Stand, Ballabgarh. Fakru and Shakila were medically examined in the B.K. Hospital, Faridabad and the police also got the statement of prosecutrix Shakila recorded under Section 164 of the Code of Criminal Procedure on 12.10.1987 before the Additional Chief Judicial Magistrate, Faridabad. On the completion of the investigation, the accused were charged for offences punishable under Sections 363/366 and 376 of the Indian Penal Code and as they pleaded not guilty, were brought to trial.

(3.) THE Court found that Isab Khan and Anno (the parents of the prosecutrix) having resiled from their statements, the entire prosecution story now rested on the statement made by Shakila prosecutrix herself under Section 164 of the Code of Criminal Procedure, when read alongwith the evidence pertaining to her age as that was the relevant factor to be proved on record. The court accordingly held, relied on the evidence of PW-5 Dr. Kusum Chaudhary and PW-6 Dr. Sushma Sharma, Dental Surgeon, that the age of the prosecutrix could be between 13 to 16 years. The Court also observed that it was clear from the statements of the parents of the prosecutrix that she was below 18 years of age and this version was supported by the school certificate (Exh. PN), which showed Shakila's date of birth as 5.1.1971. Having come to this conclusion, the trial Court convicted and sentenced the accused-appellants as under :-