JITENDER ALIAS MITWA Vs. STATE OF HARYANA

JUDGEMENT

(1.) SENT criminal appeal has been preferred by the appellant against judgment of conviction and order of sentence dated 28.02.2003 passed by the Additional Sessions Judge, Kurukshetra whereby appellant -accused has been convicted for the offence punishable under Section 363 of the Indian Penal Code (for brevity, 'IPC') and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 3,000/ -, in default, to further undergo rigorous imprisonment for a period of six months.

(2.) EF facts of the case are to the effect that on 10.11.2000, Babu Lal son of Daya Ram approached the police and lodged a report regarding kidnapping of his daughter -prosecutrix (name withheld). He stated that his daughter, aged 16 years, had left the house at about 10.00 a.m on 07.11.2000 for University Dispensary for taking medicines for her ailing mother but did not return. He made search for her, but in vain. He came to know that Jitender alias Mitwa, who was residing in Dayalpur Basti, had enticed away his daughter. On this, FIR was registered under Sections 363 and 366 IPC against the accused. On this, the police undertook investigation and recovered the prosecutrix from the possession of accused at Bus Stand, Pipli, on 22.11.2000. ASI Ashok Kumar joined the prosecutrix in the investigation. She, in her statement under Section 161 Cr.P.C. disclosed that she went to University Dispensary to fetch medicines for her ailing mother on 07.11.2000. The accused met her there and allured her to marry him and enticed her. The accused took her in the forest behind the Engineering College, Kurukshetra and subjected her to forcible sexual intercourse. The accused took her to village Purkaji in District Muzaffar Nagar and kept her there for two days. She also stated that the accused took her to various places in Uttar Pradesh and had been committing rape on her.

(3.) THE police apprehended them at Pipli Bus Stand. On the basis of statement of prosecutrix, Section 376 IPC was added. Statements of witnesses were recorded. On completion of the investigation, final report under Section 173 Cr.P.C. was presented whereupon the case was committed to the Court of Sessions.