ALLAUDIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed against the judgment of conviction dated 03.04.2004 and order of sentence dated 05.04.2004 passed by Addl. Sessions Judge, Faridabad in FIR No.475 dated 20.09.2002 for the offence punishable under Sections 363, 366-A, 376 (2)(g) and 120-B IPC registered at police station Sarai Khawaja District Faridabad. The co-accused Bimla was acquitted, while accused Raju, who was a juvenile, was tried by the Juvenile Justice Board, Faridabad.

(2.) The appellant Allaudin was sentenced to undergo rigorous imprisonment for a period of ten years along with a fine of Rs.2,000/- under Section 376(2)(g) IPC. In default of payment of fine, he was to further undergo rigorous imprisonment for a period of six months. He was also sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.1,000/- for the commission of offence under Section 363 IPC. In default of payment of fine, he was to further undergo rigorous imprisonment for a period of three months. All the sentences were directed to run concurrently.

(3.) Before adverting to the merits of the appeal, it is necessary to narrate the facts, which led to the lodging of the FIR. The complainant Bhagwan Dass approached the police with a complaint Ex.P10 that his daughter aged 15 years had gone to school on 17.09.2002 and had not returned. He and his wife had left the house for work in the morning and on return, they did not find her in the house. Allegations were made that Allaudin, their neighbour had enticed his minor daughter on the way to school and they were seen by Shera. They had been searching for her but were unable to find her. The complaint was made on 20.09.2002 upon which, a formal FIR Ex.PF/D was registered under Sections 363 and 366 IPC. The prosecutrix was recovered on 11.10.2002. She was produced before the Magistrate and her statement under Section 164 Cr.PC was recorded. She had disclosed that Bimla, their neighbour had called her and offered sweets to her but she refused. Bimla insisted that it was her daughter's birthday and she should have it. The prosecutrix consumed the sweets and returned home. She got ready to go to school but she found that she was not feeling too well. Her mother told her that school would close early and she should attend. On the way Chotu stopped her and asked her where she was going. She responded that she was going to school. Just then, a white car came and stopped there. Chotu pushed her in the car. She found Allaudin sitting in the car holding a white handkerchief. When she tried to raise alarm Allaudin put his handkerchief on her face and she fell unconscious. When she gained consciousness she found herself in a room. She was raped by Monu first and then by Allaudin. In the evening she was asked to sit in a vehicle and taken to different places. Her father brought her back and the matter was reported to the police. On the basis of this statement, Section 376 IPC was added. Investigations were completed and report under Section 173 Cr.PC was laid in the Court.