RASHID Vs. STATE OF HARYANA

JUDGEMENT

(1.) Trial of the appellant in FIR No. 142 dated 26.4.2003, registered at Police Station Gharaunda under Sections 366 and 376 IPC, culminated into his conviction. Vide judgment dated 06.03.2004 and order dated 09.03.2004 the appellant was sentenced to undergo rigorous imprisonment for five years and seven years respectively and to pay a fine of Rs.2000.00 under each head. In default of payment of fine, he was required to further undergo rigorous imprisonment for six months under defaulting clause. Both the sentences were ordered to run concurrently.

(2.) The case was registered on the basis of statement, Ex.PD made by Gian Singh, father of the prosecutrix on 26.04.2003, wherein he informed the police that his daughter was missing (hereinafter to be referred as 'the prosecutrix') since 23.04.2003. He suspected Rashid, a co-villager, who was also missing. He had seen him roaming near his house and suspected him of enticing his daughter with an intention to marry her.

(3.) A case was registered under Sec. 366 Penal Code. On 29.04.2003 the prosecutrix was recovered from Delhi. She was found in the company of the accused. Medical tests were carried on both of them. Statement of the victim under Sec. 161 Crimial P.C. was recorded. Sec. 376 Penal Code was added. On completion of usual investigations, challan against the accused was filed for trial.