RAMESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment of conviction dated 31.07.2002, vide which accused -appellant Ramesh @ Mahesha has been held guilty and convicted for the offence punishable under Sections 363, 366 and 376 the Indian Penal Code (hereinafter called /PC) and the order dated 02.08.2002 vide which he was sentenced as under: -

(2.) THE brief facts of the prosecution case are that on 15.11.2002, PW -6 Smt. Jagti, the mother of the prosecutrix got recorded her statement Ex.P G to PW -9 AS/ Om Parkash, Police Station Kalayat, District Kaithal alleging therein that her husband Inder Singh had died about 10 -11 years back. She had no male child and was having only four daughters. Eldest one (Kavita) was married with Ashok resident of Sonepat. Younger to her was married to Vinod, the younger brother of Ashok. Next the prosecutrix, aged about 14 -15 years was married with Sukhdev resident of Panipat and her youngest daughter was aged about 12 years and was residing with her at Sonepat. On 14.11.2000 at about 8:00 a.m., the prosecutrix had gone to Jaat Mohalla for collecting the amount of bangles. But, she did not returned. She made search for her daughter in her relations, but her whereabouts were not known. She stated that she had full belief that present appellant or his friend had kidnapped her daughter with bad intention. Appellant was also not present in the village from that very time. On the statement of the complainant Smt. Jagti Ex.P G, the F/R Ex.P G/2 was registered and investigation started.

(3.) THE accused -appellant was charge sheeted for the offences punishable under Sections 363, 366 and 376 of IPC, to which the appellant pleaded not guilty and claimed trial.