KULDEEP Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present appeal is directed against the judgment of conviction dated 14.2.2012 and order of sentence dated 15.02.2012 passed by learned Sessions Judge, Hisar whereby the appellant was convicted under Sections 363, 366 and 376 IPC and was sentenced as under:- <FRM>JUDGEMENT_498_LAWS(P&H)10_2015_1.html</FRM>

(2.) Relevant facts of the case, that 4.9.2010, Mahabir alias Bhura Ram reported to the police that his daughter i.e. Prosecutrix [Name of the prosecutrix is intentionally not being disclosed] studied upto 7th standard. On 3.9.2010, at about 11.00 AM, she had gone to the courtyard [Bara] for storing the cow-dung cakes, but she did not return and since then she was missing. Complainant suspected that Kuldeep son of Ram Kumar, [present appellant] had enticed/allured his daughter with an intention to marry her. Initially, FIR No. 245 dated 4.9.2010 was registered under Sections 363 and 366 IPC against the appellant at Police Station Adampur. During investigation, appellant Kuldeep as well as prosecutrix were intercepted at Railway Station, Adampur and they were produced before the Medical Officer for medico legally examination. Appellant Kuldeep was medically examined whereas, the prosecutrix refused to submit herself for medical examination and made a statement before the Medical Officer to this effect. Thereafter, Section 376 IPC was added.

(3.) After completion of investigation challan was presented in the Court for trial.