RAM SARAN & ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal is directed against the judgment of conviction dated 13.06.2008 and order of sentence dated 14.06.2008 passed by the Sessions Judge, Ambala vide which the appellants -accused - Ram Saran and Sham Lal have been convicted in FIR No. 228 dated 24.07.2007 registered at Police Station City Baldev Nagar, Ambala City for the commission of the offence under Sections 363 /34, 366 /34 and 376(2)(g) IPC. They were sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 2,000/ - each under Section 363 /34 IPC and in default of payment of fine to further undergo imprisonment for a period of two months. They were also sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 2,500/ - each for the offence punishable under Section 366 /34 IPC and in default of payment of fine to further undergo imprisonment for a period of two months. They were also sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 5,000/ - each under Section 376(2)(g) IPC and in default of payment of fine to further undergo imprisonment for a period of three months. All the sentences were directed to run concurrently. The facts relevant for disposal of the appeal may be set out in detail. Ashok Kumar - complainant was a Pujari in Shiv Mandir, Baldev Nagar, Ambala City. His eldest daughter was 17 years of age and the younger one who is the prosecutrix was 15 years of age and was studying in 10+1 in P.K.R. Jain Senior Secondary School. She left for school on 23.07.2007 at 7.30 am. She did not return home. An inquiry was made from the school and the parents were told that she had not attended the school. The parents came to know that Ram Saran was also missing from his house. On further inquiry, the complainant came to know that the accused used to ring up his daughter from his mobile phone. The complainant named Ram Saran for having lured his daughter for the purpose of marriage. Acting on this complaint, the FIR was registered under Sections 363 and 366 IPC. The girl was recovered from the possession of the accused on 01.08.2007 when they were coming out from the Railway Station, Ambala Cantt. As usual, her medical was got done. She was handed over to the parents. She made allegations of rape against both the accused. The police prepared its final report under Sections 363 /34, 366 /34 and 376(2)(g) IPC. The accused pleaded not guilty to the charge framed against them and claimed trial.

(2.) THE prosecution examined the complainant - PW -8, prosecutrix - PW -9 besides the Medical Officers, who had examined the prosecutrix as well as the accused and the investigating officer.

(3.) I have heard learned counsel for the parties and with their assistance perused the case file.