LAKHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and the order of sentence dated 3.10.2012, passed by the Additional Sessions Judge, Bhiwani, vide which the accused-appellant was convicted and sentenced as under:- <FRM>JUDGEMENT_243_LAWS(P&H)10_2015_1.html</FRM>

(2.) In brief, the case of the prosecution is that on 27.7.2011 complainant Deshraj father of prosecutrix made a complaint Ex.PG to the Police for taking action against accused Lakhan, Dhola Devi, Sonu, Vinod and Manju. The complainant alleged that his daughter Ritu was a student of class 6th and her age was 13 years. On 22.7.2011, she was kidnapped by accused Lakhan by alluring her. He further alleged that Dhola Devi mother of Lakhan, Gharsi Ram father, Sonu, Vinod and Anju brothers of Lakhan were also involved in that act. They were giving threat to him for not launching any criminal case against them otherwise, the complainant would face dire consequences. On the basis of complaint Ex.PG, FIR Ex.PM was registered against the accused. Statement of prosecutrix was got recorded under Section 164 Cr.P.C. The medical examination of the prosecutrix was conducted. On completion of investigation, challan/report under Section 173 Cr.P.C was presented against the accused-appellant.

(3.) After compliance of Section 207 Cr.P.C., the case was committed to the Court of Sessions. Charges under Sections 363, 366-A and 376 IPC were framed against the accused to which he did not plead guilty and claimed trial.