KESHAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) KESHAR Singh son of Sube Singh, aged about 25 years, a rickshaw puller, resident of Mohalla Kartarpura, Rohtak has filed this appeal against the impugned judgment of conviction dated 15.7.1988 and the impugned sentence order dated 16.7.1988 passed by Sh. J.D. Chandna, the then Additional Sessions Judge-III, Rohtak, vide which he was convicted for the offences punishable under Sections 363, 366 and 376 IPC and was sentenced to undergo R.I. for one year and to pay fine of Rs. 250/- and in default of payment of fine to under to further R.I. for three months under Section 363 IPC, to undergo R.I. for two years and to pay fine of Rs. 250/- and in default of payment of fine to undergo further R.I. for three months under Section 366 UPC, and to undergo R.I. for 7 years and to pay fine of Rs. 500/- and in default of payment of fine to undergo further R.I. for six months under Section 376 IPC. The sentences were ordered to run concurrently.

(2.) THE facts of the prosecution case are that PW Inder Singh, a shikligar, lived with his family members near Bangar Cinema, Rohtak. On 22.12.1987 at about 10 a.m., his daughter Sheila Kaur went to the fields to ease herself. She did not return. On enquiries made by Inder Singh, it was found that appellant Keshar Singh had kidnapped her. It was also noticed by him that 4/5 days earlier Sheila Kaur had complained to her mother than Kehsar Singh- appellant was having an evil eye on her and he used to tell her that he would lift her bodily. Inder Singh searched for Sheila Kaur and Keshar Singh appellant on 22.12.1987 and 23.12.1987. Ultimately, he lodged report with the police on 23.12.1987. PW Tota Ram ASI of Police Station City, Rohtak along with other police officials was present near Bus Adda, Rohtak, PW Inder Singh presented application Ex. PK before him. He made his endorsement Ex. PK/1 and got this case registered. Ex. PK/2 is the copy of the FIR.

(3.) ON 25.12.1987 on the application Ex. PA moved by PW Tota Ram ASI, statement of Sheila Kaur was recorded by the Judicial Magistrate.