SUKHBIR KABUL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal against the judgment dated 19-11-1998 of the Additional Sessions Judge, Rewari whereby he convicted appellant Sukhbir under Section 366, I.P.C. and sentenced him to undergo R. I. for 10 years and to pay a fine of Rs. 25000/- and in default of payment of fine, to further undergo R.I. for one year. Appellant was also convicted under Section 376, I.P.C. and sentenced to undergo R.I. for 7 years and to pay a fine of Rs. 15000/- and in default of payment of fine, to further undergo R.I. for one year. However, the substantive sentences were ordered to run concurrently.

(2.) The prosecution story is unfolded by P.W.-9 Kishan Lal, father of the prosecutrix on whose statement the F.I.R. was registered. On his statement Ex. PD recorded before P.W.-5 SI Daya Nand, he stated that he has three sons and three daughters. Two of his daughters are married. His youngest daughter Sukhpati aged 15 years is unmarried. His house is situated on the road outside the village. Bablu Thakur resident of Village Nanu Karan used to sell onions in their village. On 19-6-1997, complainant's daughter Sukhpati had gone to the field to collect fodder. She did not return till 2 p.m. On enquiry, he came to know that appellant Sukhbir had taken Sukhpati with him. Sukhbir is also known as Bablu Thakur. Complainant suspected that Bablu Thakur had taken his daughter to adduce her to marry him. On the basis of this statement, formal F.I.R. Ex. PD/1 was registered in Police Station Dharuhera on 19-6-1997 at 10.30 p.m.

(3.) The prosecution to prove its case, examined P. W.-1 Dr. M. K. Garg, P.W.-2 Dr. Chander Sheikher, P.W.-3 ASI Ram Phal, P. W.-4 Babu Lal, P. W.-5 Daya Nand SI/SHO, Police Station Khol, P. W.-6 Constable Om Bir Singh, P.W.-7 Sukhpati, the prosecutrix, P. W.-8 Tara Chand, P. W.-9 Kishan Lal complainant, P. W.-10 SI Raghbir Parshad, P.W.-11 Dr. (Mrs.) N. K. Arora, P.W.-l2 H.C. Hoshiar Singh and P.W.-13 Constable Preet Singh.