MOHINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal arises out of the following facts :

(2.) COMPLAINANT Rattan Singh had two sisters. His elder sister was married whereas the younger Kiran Devi aged about 17-1/2 years had completed her matriculation examination and was still unmarried. On 13.4.1991, Kiran Devi along with her family members went to sleep at about 11.00 P.M. She was, however, found missing the next morning. Rattan Singh made a search for her and was ultimately informed by Rajpal @ Pale Ram Lamberdar and Balbir Singh that she had been taken away by Dr. Mohinder Kumar Aggarwal accused on his scooter at about 2.00 A.M. Rattan Singh accordingly lodged a First Information Report expressing his suspicion that Kiran Devi had been kidnapped by Dr. Mohinder Kumar Aggarwal. On 16.4.1991, Dr. Mohinder Kumar Aggarwal was apprehended at the Railway Station Ambala Cantt. and Kiran Devi was recovered from him. After completion of the investigation, the matter was committed to the court of Sessions for trial and a charge under Sections 363, 366 and 376 of the Indian Penal Code was framed against the accused and as he pleaded not guilty he was brought to trial.

(3.) THE court held that it was clear from the record that the prosecutrix was about seventeen and a half years of age at the time of incident and there was no evidence to suggest that any rape had been committed by the accused after she had taken her away on the night in question. It was also found on her admission that the letters Ex. DA/1 to DA/22 and greeting cards Ex. DB and Ex. DC had been written by the prosecutrix to the accused and it was thus clear from the record that both of them were involved in a love affair and as such there was no question of the involvement of the accused in a case of rape. The accused was accordingly held guilty only under Section 363 IPC and sentenced to undergo Rigorous Imprisonment for three years and a fine of Rs. 500/- and in default of payment of fine, he was to undergo R.I. for six months. Hence this appeal.