ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 12.11.2011, passed by the Sessions Judge, Yamuna Nagar at Jagadhri, vide which the appellant was sentenced to undergo the following punishment:- <FRM>JUDGEMENT_306_LAWS(P&H)4_2016_1.html</FRM>

(2.) For the sake of brevity few facts are only being mentioned as the appellant had restricted his prayer only to the quantum of sentence. The complainant's daughter who was just two and a half years old was taken away by the accused. The complainant returned home and learnt that his daughter was missing. The family started searching for her. After an hour they came to know that some persons had apprehended a person along with a child in the fields of Sunil Gulati. He reached the spot and learnt that the person had been taken to Bal Bhawan along with the child. The complainant went to Bal Bhawan and came to know that Ashok Kumar had been taken into custody and the girl was being taken by him on the motorcycle with an intent to commit a wrong act but was caught. The police registered the case under Section 363, 366- A, 376 & 511 IPC.

(3.) Charge was framed under Sections 363, 366-A, 376 read with Section 511 IPC. The accused pleaded not guilty. At the trial, the prosecution had examined the Medical Officer who proved the MLR and stated that the parents had refused the internal check-up.