RINKU ALIAS LALIT KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) RINKU @ Lalit Kumar was charged under Sections 363/366/ 376 of the Indian Penal Code for allegedly kidnapping the daughter of Mam Chand and committing rape upon her at various places. (The name of the victim is not being disclosed. She will be referred to as 'prosecutrix' only),

(2.) VIDE impugned judgment dated February 17/19,2003, passed by the learned Sessions Judge, Narnaul the appellant now stands convicted for the aforesaid charges and has been sentenced to undergo RI for 7 years and to pay a fine of Rs.500/ -, in default to suffer further RI for one month under Section 376 IPC. Under Section 366 IPC he has been sentenced to undergo RI for five years arid to pay a fine of Rs.500/ -, in default of payment of fine to suffer further RI for one month. Both the sentences have been ordered to run concurrently; The appellant is, however, not convicted under Section 363 IPC.

(3.) SUNITA (PW -11), mother of the prosecutrix, moved an application (Ex.PH) before the Superintendent of Police, Narnaul on 20.7.2001 alleging therein that on 2.7.2001, the prosecutrix had gone to the temple to offer prayer to the deity. She noticed the appellant standing near the temple. He kidnapped the prosecutrix and took her in a jeep to Rewari and other cities. The prosecutrix remained at Rewari for 6/7 days. The appellant was accompanied by two other boys at Rewari, who had also been committing the bad act (rape) with the prosecutrix and they had been moving her to different places. On 17.7.2001 a person known by the name of Balwant brought the prosecutrix to the village and thereafter she disclosed everything to her (Sunita).