SANJAY Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment of conviction dated 28.09.2001 and order of sentence dated 06.10.2001, passed by the learned Addl. Sessions Judge, Rohtak, whereby, he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1000/- under Section 366 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month. He was further convicted and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 5000/- under Section 376 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months. Both the sentences were ordered to run concurrently.

(2.) In the present case, the lower Court record was reconstructed.

(3.) The brief facts of the prosecution case are that on 06.09.1999 Smt.Gulwanta Devi along with her children including prosecutrix aged about 13 years slept in the court-yard of their house in the night as usual. Around 11.00 P.M., when Gulwanta Devi got up, she found prosecutrix missing from there. Complainant's husband was a driver and had gone out. She searched for her daughter but got no clue. She had a suspicion that Sanjay, an inhabitant of Jindran, who is on visiting terms with them, enticed away her daughter because he too was not at home since then. On the basis of this statement Ex.PD dated 09.09.1999, FIR Ex.PD/1 was recorded. On the same day, police party received information regarding accused and the prosecutrix and they were apprehended at railway station, Kalanaur, when they were waiting for the train. The prosecutrix was got medico-legally examined. Rough site plan was prepared. Statements of witnesses were recorded. Accused was arrested. After necessary investigation, challan was presented against the accusedappellant and other co-accused.