KUNDAL LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Kundal Lal appellant has directed the present appeal against the judgment and order dated 2.3.2001 passed Shri A.K.Bimal, learned Additional Sessions Judge, Sirsa vide which the accused/appellant stood convicted under Sections 363, 366 and 376 of the Indian Penal Code (in short the IPC) and sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.1,000/- and in default of payment of fine to further undergo simple imprisonment for one month under Section 363 of the IPC; to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.2,000/- and in default of payment of fine to further undergo simple imprisonment for two months under Section 366-A of the IPC and to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.2,000/- and in default of payment of fine to further undergo simple imprisonment for two months under Section 376 of the IPC. However, all the substantive sentences were ordered to run concurrently.

(2.) The case of the prosecution in brief is that on 31.12.1998 ASI Ram Kumar alongwith Constable Balwant Singh was busy in the investigations of the case FIR No. 444 of 1998 registered under Sections 323, 148 and 149 IPC, Police Station Rania. After completing the investigations he was present at Bus Stand, Rania, there complainant Nanu Ram moved an application EX.PA before him. As per the version of the complainant-Nanu Ram, he has stated that on 26.12.1998 he has lodged a report in the police Station about the missing of prosecutrix from the residence of his brother Amin Lal. He alongwith his brother has been searching for prosecutrix in the village. The cousin of Jasbir, who is resident of village Sainpal in collusion with Kulwant Kaur has taken away prosecutrix by way of inducement. On the complaint, ASI Ram Kumar made the endorsement and sent the same to the Police Station for registration of the case and on the basis thereof formal FIR was recorded by Sat Pal MHC. ASI Ram Kumar reached at the spot where he met PWs Balbir, Amin Lal, who produced the birth certificate of prosecutrix before him which was taken into possession vide recovery memo. On 5.1.1999 the Investigating Officer reached from village Sadewala to village Tajia Khera and recorded the statements of PW- Birbal and joined Ram Kumar and Krishan Lal in the investigations. When they were present near the cremation ground of village Tajia Khera, there prosecutrix was seen with accused Kundan Lal behind the bushes. Both of them were captured. ASI Ram Kumar, the Investigating Officer prepared the rough site plan Ex.PR with marginal notes at the spot and recorded the statement of the prosecutrix. Accused Kundan Lal was also arrested. Thereafter the accused got recovered one piece of cloth, underwear, one lady suite and shoes of prosecutrix which were taken into possession. The Investigating officer prepared the parcels of the blood stained cloth piece, one under-wear, shoes, lady suite and sealed the same with the seal bearing impressions RK. The accused also produced the ornaments from his almirah which were sealed with the seal bearing impressions RK and were taken into possession. The seal after use was handed over to PW Ram Kumar. The Investigating officer prepared the rough site plan of the place of recovery and place of occurrence of rape, recorded the statements of the witnesses and also visited the site in village Sadewala from where prosecutrix was abducted. He also prepared the rough site plan of the place of abduction with marginal notes. After this the police party reached near the barrier of village Jiwan Nagar and Constables Balwant Singh and Jasbir Singh were sent to primary Health Centre, Rania for medical examination of accused Kundan Lal. The Investigating Officer along-with Lady Constable Kamlesh accompanied the prosecutrix to Primary Health Centre, Jag Malera for her medical examination. After medical examination the doctor handed over the sealed parcels containing pent, sealed vials, one sealed vial containing swab and one envelope which were taken into possession vide recovery memo Ex. PW in the presence of L.C. Kamlesh Rani. Thereafter the custody of prosecutrix was given to his relatives namely Krishan Kumar and Ram Kumar while returning back to the Police Station Constables Jasbir Singh and Balwant Singh met him and they produced before him one sealed parcel which was also taken into possession. On return to the Police Station the case property was deposited with the MHC and the accused was locked up. Patwari Halqa also prepared the scaled site plan on the request of the police. The sealed parcels were sent to the FSL, Haryana, Madhuban for analysis. After completion of all the formalities the accused was challaned by Chander Bhan, SI the then Station House Officer of Police Station Rania vide his report under Section 173 of the Criminal Procedure Code, 1973. Learned Illaqua Magistrate after supplying the copies of challan etc. committed the case to the Court of Session for trial of the accused under Sections 363, 366-A and 376 of the IPC, vide commitment order dated 13.3.1999.

(3.) Charge in respect of commission of an offence punishable under Sections 363, 366-A and 376 of the IPC was framed against the accused vide order dated 7.6.1999 to which the accused pleaded not guilty and claimed trial.