RAKESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT Rakesh Kumar has filed this appeal against the judgment dated 14.7.1993 passed by the Additional Sessions Judge, Jagadhri vide which the appellant has been convicted under Sections 376 and 366 IPC and sentenced for seven years and a fine of Rs. 500/- for each offence. Both the sentences were ordered to run concurrently.

(2.) THE brief prosecution story is that on 6.5.1991, one Jagjit Singh, brother of the prosecutrix made a written request (Ex. PB) to the police. On the basis of the afore-said statement, FIR (Ex. PB/1) was recorded. In his statement, he had stated that his younger sister, namely Gurvinder Kaur, who was unmarried and aged 15 years, was enticed away by appellant Rakesh Kumar (hereinafter referred to 'the accused') on 4.5.1991 at 2.30 p.m. on his scooter with intent to perform marriage with her. In spite of the search made by the complainant even on the addresses disclosed by the mother of the accused, both of them could not be traced. Thereafter, the aforesaid FIR was lodged.

(3.) IN support of its case, the prosecution examined 11 eye-witnesses, including PW 8-Gurvinder Kaur, PW 9-Dr. Kanta Dhankar, who medico-legally examined Gurvinder Kaur and PW 10-Jagjit Singh, brother of the prosecutrix.