MANGAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant was tried for committing offences punishable under Sections 363, 366 and 376 IPC. Vide impugned judgment and order dated 24.1.2004, learned Additional Sessions Judge, Rohtak convicted him under Section 376 IPC and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/-. In default of payment of fine, he was ordered to undergo further rigorous imprisonment for a period of fifteen months. He was further convicted under Section 366 IPC and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.2,000/-. In default of payment of fine, he was ordered to undergo further rigorous imprisonment for a period of six months.

(2.) He was also convicted under Section 363 IPC but no separate sentence was awarded since the offence punishable under Section 366 IPC included the offence punishable under Section 363 IPC. Both the sentences imposed upon the appellant were, however, ordered to run concurrently. 95% out of the amount of fine, upon its realization, was ordered to be given to the prosecutrix.

(3.) According to the prosecution, on 15.1.2003 at about 3.30 p.m., when SI Om Parkash, alongwith some police officials, was present at Bus Stand Kansala in connection with patrolling, complainant-Prem Parkash Sharma, who was employed as a Peon in Government High School, Bakheta, met him and submitted written complaint to the effect that his eldest child i.e. the prosecutrix, aged about 16 years and a student of 10th class was missing from his house since 3.00/4.00 a.m. on 14.1.2003. He had searched for her in his relatives but could not locate her. He suspected the involvement of the appellant in forcibly enticing away the prosecutrix with an intention to marry her. The complainant, accordingly, sought action against the appellant and for tracing the prosecutrix.