KRISHAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal directed by accused-appellant against the judgment and order dated 5.04.2003 passed by Sh.Ved Pal Gupta, Addl. Sessions Judge, Rewari, vide which the accused have been acquitted under Sections 376 and 506 IPC but he has been convicted under Sections 363 and 366 IPC and sentenced him to undergo rigorous imprisonment and to pay a fine as under:- Name of accused person Under Sections Sentence awarded In Default of fine Krishan Kumar 363 IPC R.I for three years and to pay a fine of Rs. 300/-. Imprisonment for one month.

(2.) However, both the sentences were ordered to run concurrently.

(3.) The factual matrix as gathered from record is that complainant Pehlad Singh made statement before the Investigating Officer that he has retired as a Honorary Captain from Army. His daughter aged about 17 years (name not disclosed) (hereinafter referred as "victim") had left her studies after passing 7th standard examination. She used to stay at home. He had fixed the engagement of his daughter on 18.10.2001 in village Shahjahpur. Krishan Kumar accused used to visit his house. The complainant has further stated that he and his wife used to sleep in Chobara of the house, whereas his daughter and his younger sons namely Sunil aged 14 years and Shakti Singh aged 11 years used to sleep in the rooms on the ground floor. It is further alleged that his (complainant's) daughter was found to have left the house on the intervening night of 19/20.10.2001. He searched for his daughter in the morning but he could not traced. Complainant expressed his suspicion that his daughter has been allured and taken away by Krishan Kumar accused. He has further stated that his daughter has taken a cash amount of Rs. 18,000/- while going away from the house. Later on the prosecutrix was found in the custody of the accused in a Jhugi at Sandhu Brick-kiln in village Kalera on Fardidkot- Talwandi road. Prosecutrix was medico-legally examined and thereafter on completion of investigation, the challan was presented against the accused in the Court for trial.