MANJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The matrix of the facts & evidence, unfolded during the course of trial, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant criminal appeal and emanating from the record, as claimed by the prosecution, is that on 5.2.1997 at about 1.30 P.M., the prosecutrix (name withheld) aged 19 years, major daughter of complainant Ruldu Ram son of Bhana Ram (PW11) (for brevity "the complainant") had voluntarily left his house. As soon as, the complainant came to know, in the meantime, he reported the matter to the police that her daughter had voluntarily gone from his house for some unknown place. She while going had handed over a letter to his father Bhana Ram mentioning therein that she was going from the house of her own and no efforts should be made to search her. The villagers were stated to have disclosed to him that she had herself boarded a white maruti car near the health centre of the village, in which, two young boys were already present there. No body had kidnapped and enticed her away. This information was recorded, vide DDR No.17 dated 5.2.1997 (Ex.DY) by the concerned police.

(2.) Sequelly, the case of the prosecution further proceeds that subsequently, the complainant suspected that appellant-convict Manjit Singh son of Gurbachan Singh (for short "the appellant"), who was a medical practitioner in the village and acquainted with his family, had enticed away his daughter. He (complainant) searched for them in his relations, but in vain. On 8.2.1997, he again made his statement (Ex.PC/1) to the police in this regard. On 15.2.1997, the prosecutrix was recovered and she narrated to the police that she was kidnapped and repeatedly raped by the appellant at different places, including the house of his father Gurbachan Singh and the house of his cousin Nawab Singh accused.

(3.) Leveling a variety of allegations and narrating the sequence of events, in all, the prosecution claimed that on 5.2.1997, the appellant had kidnapped and repeatedly raped the prosecutrix. In the background of these allegations and in the wake of subsequent statement (Ex.PC/1) of the complainant, the present criminal case was registered against the appellant, his father Gurbachan Singh (acquitted accused) and Nawab Singh (proclaimed offender), by way of FIR No.125 dated 8.2.1997 (Ex.PC), on accusation of having committed the offences punishable under section 366, 368 and 376 IPC by the police of Police Station Garhi, District Jind in the manner depicted here-in-above.