JAGIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order dated November 23/26, 1990 convicting the appellant under Sections 363, 366 and 376 IPC and sentencing him as under :-

(2.) THE prosecution case is that on 19.5.1989, Des Raj, father of Meena Kumari prosecutrix, lodged report Ex. PR with the police, stating therein that his family, consisting of two sons and five daughters, was living at Ismailabad, while he was posted as Adda Conductor at Bus Stand, Chandigarh. Out of his seven children, Meena prosecutrix, aged 13/13-1/2, was younger to his other two daughters, Babita and Asha. She was a student of 8th Standard of Government High School. On 17.5.1989, his brother Balwant came to him at Chandigarh and informed that his (of Des Raj) daughter, Meena, had been enticed away by the appellant who runs a tailor's shop under the name and style of Bombay Tailor, on that day, at about 10.00 A.M., during recess hours of the school. On this, he along with his brother reached Ismailabad and made enquiries from his family members, neighbours and relations. However, as he failed to get any information regarding the whereabouts of Meena, he, ultimately, went to the Police Station and lodged a report on the basis of which this case was registered vide FIR, Ex. PR.

(3.) ON completion of investigation, challan was put in against the appellant in the Court of learned Judicial Magistrate who committed the case to the Court of Sessions.