KRISHANA Vs. STATE OF HARYANA

JUDGEMENT

(1.) CHARGES against the appellant are that on 08.04.1999, he kidnapped a minor girl from lawful guardianship of her parents with an intent that she may be compelled to illicit intercourse and also that the appellant committed forcible sexual intercourse with the girl, for offences under Sections 363, 366 and 376 of Indian Penal Code (IPC). The prosecutrix was 14 years old at the time of occurrence. First Information Report (FIR) was lodged with the police by Mohan Lal, the parental uncle of the girl. Father of the prosecutrix was a deaf and dumb person and working in a factory. The complainant made statement Ex. PB to the police on 17.04.1999 and by that time the girl had not been recovered.

(2.) IT was stated that father of the prosecutrix and one more brother of the complainant were residing jointly in a house at Sant Nagar whereas the complainant is resident of Sector 16, Faridabad. The prosecutrix had three younger brothers aged about 11 years, 8 years and 4 years respectively. On the fateful day both the parents of prosecutrix had gone to attend their duty. When they returned home in the evening at about 07.00 p.m. they found the prosecutrix missing. The eldest brother of the prosecutrix informed them that the appellant had come to the house at about 06.00 p.m. and took the prosecutrix along. The aforesaid facts were also conveyed to the complainant by the family of prosecutrix and he reached there. The appellant was suspected to be behind kidnapping of the girl on the pretext of marriage.

(3.) HUMAN semen was detected in the swab and also the underwear of the appellant vide report Ex. PJ of the Forensic Science Laboratory (FSL). Rough site plan (Ex. PG) of the place from where the girl was statedly kidnapped was prepared on 17.04.1999 i.e. before the recovery of the girl. The scaled site plan was prepared by draftsman posted in the S.P. office on 10.05.1999 in respect of the place from where the girl was recovered.