KALI CHARAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant was convicted for the offences under Section 363/366 and 376, Indian Penal Code. He was sentenced to undergo rigorous imprisonment for three years and fine of Rs. 200/- for the offence under Section 363, I.P.C., rigorous imprisonment for five years and fine of Rs. 500/- for the offence under Section 366, IPC and seven years' rigorous imprisonment and fine of Rs. 2000/- for the offence under Section 376, IPC by the learned Additional Sessions Judge, Faridabad in Sessions Case No. 33 of 1990 dated 14.8.1991.

(2.) ACCORDING to the case of the prosecution, one Prabhu Dayal who is resident of Faridabad has six children and Bimla is eldest daughter of Prabhu Dayal. The accused used to stay in the neighbourhood of Prabhu Dayal. There is one Premwati who is also neighbourer of Prabhu Dayal. The children of Prabhu Dayal used to visit the house of Premwati to watch the Television. Thus, the accused and Bimla, daughter of Prabhu Dayal developed intimacy. On 27.6.1987 Premwati went to the house of Prabhu Dayal and asked Bimla to have a round of her house to find out the position of her child. So Bimla went to the house of Premwati where the accused was also present. Then, the accused showed a knife to Bimla and put her in fear and asked Bimla to accompany him. Thereafter Bimla was taken by the accused to a house under construction in Sector 21 of Faridabad and kept her there for a night and sexually assaulted her against her wishes. Thereafter, he took her to a place called Khair in Aligarh district of Uttar Pradesh and was kept there for a month. During this period, the accused sexually assaulted Bimla without her consent. On coming to know that the police was after them, the accused shifted Bimla to Dehradun and confined her there and sexual intercourse was committed with her. Bimla became pregnant there but it was terminated. Bimla also became pregnant for the second time and gave birth to a still born child. The accused kept Bimla at Dehradun for more than two years. During their stay at Dehradun, one Manoj Kumar and Chaman Lal used to visit the house of accused and Bimla. Bimla narrated her story to Manoj Kumar and asked him to take her to Faridabad to her parents. Thereafter, Manoj Kumar took Bimla to Faridabad and she was taken to the police station and police recorded her statement on 24.2.1990. At this stage, it may be mentioned here that after the accused took away Bimla, on 29.6.1987 her father Prabhu Dayal lodged a report to the police that Bimla was missing. On the basis of that complaint of Prabhu Dayal, a case was registered in FIR No. 239 dated 30.6.1987 but the police could not trace out her till February, 1990 when she was produced by Manoj Kumar at Faridabad. Thereafter, the accused was arrested on 8.5.1990. The police during the course of investigation also sent Bimla for medical examination. After completion of the investigation, the police filed a charge sheet against the accused for the offences under Sections 363/366 and 376, IPC. In order to prove the case of the prosecution, 13 witnesses were examined and documents were also marked. On completion of the prosecution evidence, the accused was examined under Section 313, Cr.P.C. According to the accused, Bimla fell in love with him and on 26.7.1987 Bimla voluntarily accompanied him to Haridwar and then to Dehradun. At Haridwar in the temple of Shiva he married Bimla and that Bimla lived with him at Dehradun for more than two years as his wife and Bimla came there alongwith him and he did not compel her to accompany him and that he has been falsely implicated in this case. The accused did not adduce any evidence in defence. On a consideration of the evidence on record, the learned Additional Sessions Judge, Faridabad held the accused guilty for the offences under Section 363/366 and 376, IPC and sentenced him as indicated above. Aggrieved by the said convictions and sentences recorded by the learned Additional Sessions Judge, Faridabad, the accused preferred the above appeal.

(3.) THERE is no dispute of the fact that the accused was residing in the neighbourhood of Prabhu Dayal father of Bimla at Faridabad and that there was intimacy between the accused and Bimla. It is an admitted case that on 27.6.1987, the accused took Bimla from Faridabad and they went to Haridwar and from there to Khair and then to Dehradun and stayed at Dehradun for more than two years. PW10 is the prosecutrix Bimla. She deposed that at about four years prior to her giving evidence, Premwati asked her to visit her house to enquire about the position of her new born child as her child was found sleeping when she went there twice. When she visited the house of Premwati for the third time, the accused was also there and he asked her to accompany him. He threatened that if she refused, he would kill her parents and her also. Then they left the house of Premwati and the accused took her to a house under construction in Sector 21 of Faridabad and he kept her there for one night and committed sexual intercourse with her against her wishes. Then he took her to Khair in district Aligarh (U.P.) and they lived the for one month and he committed sexual intercourse with her forcefully. Some one from the village of the accused came there and informed the accused that the police was after him and that he would be thrashed. Thereupon, they moved to Dehradun. The accused continued to assault her and committed sexual intercourse with her forcefully and she became pregnant. A still born child was born to her at Dehradun. She further stated that she used to work as labourer in the fields at Dehradun while the accused used to guard her. After some time the accused turned her out from the house at Dehradun. When she told Manoj who was also living in the neighbourhood and gave him her address of Faridabad, then Manoj brought her to Faridabad and dropped her at her parents' house but she was not allowed to enter the house by her parents and she went to NIT Police Station, where the police recorded her statement. In the cross-examination, she stated that she did not raise any alarm on the first day when she was taken by the accused and when she was taken to Khair in the bus, she did not raise any alarm either during the travel in the bus or after reaching Khair. She also did not raise any alarm during her stay at Dehradun. She further stated that her first pregnancy of three months was aborted and then she gave birth to a still born child. She further stated that in the buses in which they travelled, there were other passengers also. She further stated that she married to Chaman Lal on 4.3.1990. She denied the suggestion that she solemnized the marriage with the accused at Haridwar.