LAWS(P&H)-2003-9-44

HARPAL Vs. STATE OF HARYANA

Decided On September 10, 2003
HARPAL Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THIS order shall dispose of Criminal Appeal 66-SB of 1994 and Criminal Appeal 150-SB of 1994 as both these appeals have been filed by the accused-appellants against the judgment and order dated 29/31.1.1994, convicting accused-appellant Harpal under Section 376, IPC, and accused- appellant Nawal Singh @ Nalwa under Section 366, IPC, and acquitting their co-accused namely Narinder Kumar @ Pappu Brahmjit and Bipin Kumar @ Lala.

(2.) THE facts in brief are that on 14.6.1992, Chatar Lal, complainant, made statement Ex.PJ, before SI Om Parkash at 6.30 p.m. on the bridge of the Agra Canal. In the said statement, it was alleged by Chatar Lal that he was a labourer and that on the previous day i.e. on 13.6.1992 at about 9 p.m., his daughter Kumari Maya, prosecutrix, aged 16/17 years, had gone towards Pahar to ease herself and when she did not return for quite sometime, they searched for her and during search they came to know that accused Nalwa and accused Bipin @ Lala had abducted/kidnapped her by alluring her and also threatening her and that they had been searching for Kumari Maya as also accused Bipin @ Lala and Nalwa but could not find them. It was alleged that he was sure that his daughter had been kidnapped/abducted with the intention of committing sexual intercourse with her or in order to compel her to marry. It was alleged that accused Nalwa was running a doctor's shop in the village and that accused Bipin @ Lala and accused Nalwa were friends. It was alleged that action be taken. On the basis of said statement, Ex PJ, formal FIR, Ex PO was registered in Police Station old Faridabad at 7 p.m. on 14.6.1992 under Sections 363/366, IPC, and the special report had reached the Judicial Magistrate at Faridabad on the same day i.e. on 14.6.1992 at 11 p.m. at his residence. On the next day i.e. on 15.6.1992, SI Om Parkash apprehended Kumari Maya, prosecutrix, and accused Bipin Kumar and accused Nalwa. He formally arrested accused Bipin and accused Nalwa and got them medico-legally examined. On 17.6.1992, he got the statement of the prosecutrix recorded under Section 164 Cr.P.C. On 22.6.1992, accused Narinder was arrested in this case from near the Agra Canal. Earlier on 15.6.1992, SI Om Parkash had prepared rough site plan, Ex.PN, and Ex PQ, on the pointing out of the prosecutrix and had taken into possession certificate, Ex PR, from the father of the prosecutrix, vide recovery memo Ex.PK. SI Om Parkash had also got Kumari Maya Devi medico-legally examined and had also got her x-rayed. On 17.8.1992, SI Om Parkash arrested accused Brahmjit and got him medico-legally examined. He also got accused Harpal medico-legally examined. After completion of investigation, challan was submitted in the Court.

(3.) IN have heard learned counsel for the parties and have gone through the record carefully.