SUNIL @ KALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal is directed against the judgment of conviction dated 06.10.2007 and order of sentence dated 09.10.2007 passed by the Addl. Sessions Judge, Jind vide which the appellant -accused - Sunil @ Kala has been convicted in FIR No. 227 dated 15.04.2006 registered at Police Station City Jind for the commission of the offence under Sections 363, 366 -A and 376 IPC and Section 3 of the SC and ST Act, 1989. He was sentenced to under go rigorous imprisonment for a period of seven years and to pay a fine of Rs. 5,000/ - under Section 376 IPC and in default of payment of fine to further under go RI for a period of six months. He was also sentenced to under go rigorous imprisonment for a period of three years and pay a fine of Rs. 2,000/ - for the offence punishable under Section 363 IPC and in default of payment of fine, he was to under go RI for a period of two months. He was also sentenced to under go rigorous imprisonment for a period of five years and to pay a fine of Rs. 3,000/ - under Section 366 IPC and in default of payment of fine to further under go rigorous imprisonment for a period of six months. The accused was also sentenced to under go RI for a period of one year and to pay a fine of Rs. 1,000/ - under Section 3(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and in default of payment of fine he was to under go RI for a period of one month. All the sentences were directed to run concurrently. Accused Jai Singh was acquitted. Indro w/o Belli Ram - complainant lodged a report with the police that her daughter (referred as 'X') and daughter of Anguri (referred as 'Y') had gone to purchase torch and had not returned and that the girls were in the age group of 13/14 years. It was also reported that they had come to know that Jai Singh s/o Satpal and Sunil @ Kala s/o Rameshwar had lured the girls and they were missing. The police registered the FIR on this complaint. During investigation, victim X - daughter of Indro was recovered from the possession of Jai Singh. She was produced before the Magistrate for recording her statement under Section 164 Cr.P.C. After conducting her medical examination, she was handed over to her parents on 19.04.2006. Victim Y - daughter of Anguri was recovered from the possession of Sunil @ Kala and after her medical examination, her statement was recorded under Section 164 Cr.P.C. She refused to go with her parents and was sent to the Nari Niketan. Later on, at the request made by the prosecutrix, victim Y was handed over to the parents. The police completed the investigation and filed challan against both the accused under Sections mentioned aforesaid. They were charged accordingly to which they pleaded not guilty and claimed trial.

(2.) THE trial proceeded and the prosecution examined both the victims, Indro - complainant, the Medical Officers and the police officials and tendered some documents.

(3.) JAI Singh - accused simply pleaded false implication and stated that neither the complainant nor the prosecutrix had deposed against him.