KAILASH CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant was tried for committing the offence punishable under Sections 363, 366, 302 IPC (in the alternative Sections 306 IPC), 342, 376 and 201 IPC. Vide impugned judgment and order dated 18/22.10.2002, learned Additional Sessions Judge, Panchkula held the appellant guilty under Section 376 IPC only and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs.2,000/ - and in default of payment of fine, to undergo simple imprisonment for one month.

(2.) THE case of the prosecution, in nutshell, is that on 28.9.2001, the prosecutrix, who was daughter of PW1 Raunki Ram and more than 17 years of age, went to her Bara at about noon time. She was seen by PW Lajja Ram at the Bara who also saw Nisha, sister of the appellant, calling the prosecutrix, on which the prosecutrix went to the house of the appellant. When the prosecutrix did not return home, her family members started searching for her. Aforementioned Lajja Ram informed complainant Raunki Ram that he had seen the prosecutrix going to the house of the appellant. Accordingly, complainant Raunki Ram and Lajja Ram went to the house of the appellant where they met him and his sister Nisha. They enquired from him about the prosecutrix but the appellant and his sister denied about the prosecutrix visiting their house. On the next day, a Panchayat (gathering of respectables) was convened in which the appellant first denied everything but, later on, admitted that the prosecutrix was with him from 3.00 p.m. to 7.30 p.m. on the previous day. Complainant Raunki Ram made statement Ex.PA which was recorded by ASI Amar Singh and on its basis, FIR Ex.PA/2 was registered against the appellant at Police Station Chandimandir under Sections 363, 366, 342, 506 and 120 -B IPC.

(3.) IN support of its case, the prosecution examined PW1 Raunki Ram, father of the prosecutrix, PW2 Sher Singh, who was present in the Panchayat which was convened on 29.9.2001, PW3 Prem Chand, in whose presence the dead body of the prosecutrix was taken out from the well, PW5 Lajja Ram, who had seen the deceased at her Bara on 28.9.2001 and, thereafter, going to the house of the appellant after being signalled by his sister, PW7 Hem Raj, who had seen one Shambu coming to the house of the appellant at 5.00 p.m. and going back at 6.30 p.m. on 28.9.2001, PW12 Dr. Rupinder Singh Saini, who had subjected the dead body of the prosecutrix to post mortem and also medically examined the appellant, PW13 Subhash Chand, Photographer and PW14 Constable Manohar Lal, Draftsman, who proved the scaled site plan Ex.PV. The investigation part of the case was narrated by PW4 ASI Pardeep Kumar, PW6 ASI Amar Singh, PW8 ASI Mam Raj, PW9 HC Ramesh Kumar, PW10 HC Bant Singh, PW11 Inspector Mange Ram, PW15 Constable Kuldeep Singh and PW16 EHC Soren Lal.