PARVEEN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant has filed the present appeal against the judgment of conviction dated 11.03.2004 and order of sentence dated 12.03.2004 passed by Additional Sessions Judge, Hisar, whereby he has been convicted substantially for a period of seven years under Section 363/366 -A/376 of the Indian Penal Code (for short "the Code") in FIR No. 324 dated 28.06.2002 registered at Police Station City Hisar.

(2.) ACCORDING to the prosecution, a complaint was lodged on 28.06.2002 by the complainant Ram Kishan, who was working as peon in B.D.O Office, Barwala with the police alleging therein that he had three daughters and one son namely Sangita, Sarita, Satish and Kiran. The eldest Sangita and Sarita are married. The prosecutrix Kiran is of age 14/15 years and had appeared in the annual examination of 8th class. Accused -Parveen is the brother -in -law of Krishan (who is brother in law of the complainant). Parveen is living with Krishan and was on visiting terms with the complainant and used to frequently visit his house. On 25.06.2002, the complainant and his wife were not at their house and when the wife of the complainant Santosh returned to house, she found Kiran missing and told this incident to the complainant. The complainant searched for Kiran in his relations. The complainant suspected that his daughter Kiran has been allured and enticed by Praveen and therefore, the above F.I.R was got registered by him. Subsequently, the prosecutrix Kiran was recovered from the custody of accused -Parveen on 30.06.2002 from Bus Stand, Hisar. They both were medically examined in C.H, Hisar. The swab, salwar and the underwear of the prosecutrix were also taken into possession by the doctor and handed over to the police after converting into Pulanda. The underwear of the accused was also taken into possession. The swab and clothes of the prosecutrix as well as underwear of the accused were sent to FSL for analysis. The report was received whereby human semen was detected on the swab and clothes of the prosecutrix and underwear of the accused. A rough site plan was prepared by the Investigating Officer and the school certificate of the prosecutrix was also collected to prove that she was minor at the time of commission of offence. The statement of the prosecutrix under Section 164 Cr.P.C was recorded before the Illaqa Magistrate on 23.07.2002. Section 376 IPC was also added.

(3.) AT the trial, the prosecution examined 13 witnesses.