LAWS(P&H)-2016-2-322

BHAJAN @ KANCHAN @ RAJU Vs. STATE OF HARYANA

Decided On February 17, 2016
Bhajan @ Kanchan @ Raju Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The appellant was convicted in FIR No. 174 dated 05.07.2012 registered under Sections 363, 366-A, 376 Penal Code at Police Station SGM Nagar, Faridabad. He was sentenced to undergo 7 years rigorous imprisonment under Sec. 376 Penal Code along with fine of Rs.5000.00. In default of payment of fine to further undergo imprisonment for 2 months. He was also sentenced to undergo 5 years rigorous imprisonment under Sec. 366 Penal Code along with fine of Rs.2000.00. In default of payment of fine to further undergo 1 month imprisonment and to undergo 3 years rigorous imprisonment under Sec. 363 Penal Code along with fine of Rs.1000.00 and in default of payment of fine to further undergo 1 month imprisonment. All sentences were ordered to run concurrently.

(2.) A complaint was made by Arun. His 14 years old daughter did not return from school. His daughter was student of 8th class and had left for school at about 7 a.m. She did not return. The family searched for her but could not find her. The family had not reported the matter to the police for the fear of humiliation. The complainant later came to know that she might have been enticed by Bhajan, resident of West Bengal who lived as a tenant in their house. Bhajan was also missing since then. His mobile was switched off. Acting on this complaint, the police registered the FIR under Sections 363, 366A Penal Code. Investigations were started. The girl was recovered from the custody of the appellant after about 6 months. She was pregnant. The statement of the girl under Sec. 164 Cr.P.C. was recorded. Sec. 376 Penal Code was added later on. After completion of the investigation challan was presented.

(3.) The prosecution examined 12 witnesses.