RIYAJUL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Riyajul is in appeal aggrieved against the judgment of conviction dated 08.04.2013 and order of sentence dated 11.04.2013 passed by the learned Additional Sessions Judge, Faridabad, vide which the appellant was convicted for an offence punishable under Section 363 IPC and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.5000/-. In default of payment of fine, the appellant shall further undergo rigorous imprisonment for a period of two months.

(2.) The prosecution case was initiated on the statement of Ram Niwas son of Prabhu Singh, resident of House No.17, Sector-4, Gurgaon made to ASI Jagbir Singh, Police Post, Sector-8, Faridabad on 11.11.2011. In his complaint (Ex.P10), Ram Niwas stated that Neetu daughter of his younger sister Durgesh wife of Shiv Singh, resident of Haluwas, is a student of Ist year of Diploma in Women Polytechnic College, Sector-8, Faridabad. His brother-in-law, father of Neetu, is posted in Army at Jammu. He stated that on 08.11.2011, Neetu's room partner namely Pooja made phone to his brother-in-law Shiv Singh that Neetu is missing from the hostel since 06.11.2011 without any information. On the same day at about 10.00 PM, his brother-in-law informed him telephonically regarding missing of Neetu.

(3.) Thereafter, ASI Jagbir Singh the Investigating Officer alongwith the complainant went to the Government Women Polytechnic, where Neetu was studying. He took into possession gate pass (Ex.PL), photocopy of entry register of hostel (Ex.PM) and 10th class mark-sheet of Neetu (Ex.P13) vide recovery memo Ex.P12. Apart from preparing rough site plan of Sidarth Nagar (Ex.P14), he recorded the statements of S.K.Goyal and Satbir.