RAJESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction dated 04.09.2009 and order of sentence dated 05.09.2009 passed by the Addl. Sessions Judge, Hisar vide which the appellantaccused Rajesh was convicted for commission of offence under Sections 363, 366, 376 and 306 IPC in case FIR No.236 dated 06.11.2004 registered at Police Station Agroha and was sentenced to the imprisonment mentioned herein below: <FRM>JUDGEMENT_1178_LAWS(P&H)8_2013_1.html</FRM> <FRM>JUDGEMENT_1178_LAWS(P&H)8_2013_2.html</FRM>

(2.) Briefly giving the facts, the daughter of Phool Singh was missing from the house and he lodged a missing report with the police at 7.00 pm on 05.11.2004. He mentioned that his daughter was 15- 16 years old. After dinner, she slept inside the house and during night between 1.00 am to 4.00 am, she left the house on her own and the gold ornaments or cash had not been touched. The complainant had mentioned that his daughter was intelligent and they had tried to find her but were unable to do so and they did not suspect anyone.

(3.) Another statement was made by the complainant again to the police that his daughter had gone to the 'nohra' to fetch milk at 4.30 am and had not returned and he along with his family members had been searching for her and had also lodged a missing report. Krishan and Dhan Singh, who were related to the complainant along with police officials went to Hisar in search of the girl and the next day at 4.30 pm when they were at the bus stand, Krishan and Dhan Singh saw the complainant's daughter. The boy who had held the girl's hand fled on seeing them. The girl was secured. The prosecutrix made a statement to the police that she had gone to the 'nohra' for milching the buffalos and Om Parkash, who was residing in the neighbourhood, came and caught her and put his hand on her mouth and threatened to kill her and she was taken to the cotton fields and he had promised marriage and had committed rape against her wishes. The prosecutrix had also disclosed that Rajinder came on a motor-cycle and Om Parkash asked him to stay. She made allegations that Rajinder also committed rape upon her and she was kept in the fields for the whole day and at night she was brought to Hisar. Rajinder left her and Om Parkash at the Railway Station, Hisar and promised to return on the next day after arranging money. The next day Om Parkash took her to the market and brought her to the bus stand, Hisar where Rajinder was to join them. They were waiting for him when Krishan Kumar and Dhan Singh reached along with the police. On seeing the police party, Om Parkash left her and ran away. The prosecutrix also disclosed that 10 days earlier when she had gone to the house of Jagdish, his son Suresh locked the door and raped her.