STATE OF HARYANA Vs. NARESH ALIAS PAPPI

JUDGEMENT

(1.) Appellant Naresh alias Pappi stood charged under Section 363 366 and 376 of the Indian Penal Code, before the Additional Sessions Judge Gurgaon in Sessions Case No. 7/1990 (decided on 17-11-1990), but after trial was acquitted. Therefore, the State of Haryana has come forward with the appeal and the complainant has also filed the criminal revision Cr. Rev. 121/1991).

(2.) The case of the prosecution is as follows. Lila Devi aged about 16/17 years is the daughter of Mawasi Ram, the complainant, and Bimla Devi. On the morning of 9-4-1990, the complainant and his wife Bimla Devi had gone to the house of uncle of Lila Devi for attending a ceremony and stayed there. On 10-4-1990, when they returned home at about 1.30 p.m. the complainant-Mawasi Ram's cousin named Mehar Chand informed them that Lila Devi was not found in the house in the morning. Bimla Devi informed the complainant that she had seen the accused/respondent visiting their house and talking to Lila Devi on one or two occasions. Mawasi Ram, the complainant enquired the whereabouts of accused Naresh, and the father of Naresh by name Harwari told him that accused-Naresh was also missing from the house from the previous evening. According to the complainant Mawasi Ram, Naresh had lured his daughter Lila Devi, enticed her away and illegally kept her with him (at some place which was not known to Mawasi Ram at the time of lodging the complaint with the police). Lila Devi (PW-2) stated in her evidence that her father Mawasi Ram had gone to village Bitwana for attending Bhat ceremony and on that night while her brother Mukesh and sisters were sleeping, accused Naresh with a revolver in his hand came to her house, threatened to kill her brother if she raised noise, put the pistol on her head and applied some medicine on her nose. She stated that she became unconscious, and the accused took her into a small room, though she is unable to tell the name of that place. PW-2 further stated that she regained consciousness, that the accused tried to have sexual intercourse with her that, she raised noise, but still the accused had sexual intercourse with her against her wishes. According to PW-2 Lila Devi, the accused once again applied some medicine in her nose, that she became unconscious and remained in the room for about two days. She also stated that the accused then took her to some place, the name of which she did not know; again threatened her with dire consequences and had sexual intercourse with her. She also stated that the accused threatened her and asked to her to marry him. According to PW-2 the accused then brought her to Gurgaon in a bus and reached the bus stand on a night, where her father, maternal uncle and police were already there. She stated that the accused tried to slip away on seeing the police but was apprehended by the police. She stated that she was medically examined in the Civil Hospital Gurgaon.

(3.) Mawasi Ram (PW-3), the father of Lila Devi, deposed that on 9-4-1990, he and his wife Bimla had gone to Village Bitwana for Bhat ceremony, that Lila and their other children were at their house on that day, that they returned from Bitwana at about 1.30 p.m. on 10-4-90 when Mehar Chand informed them that his daughter Lila Devi (PW-2) was missing. Mawasi Ram (PW-3) also stated that his wife Bimla told him that she had seen Naresh (accused) talking to Lila Devi on one or two earlier occasions, and that he went and asked the father of Naresh Kumar who told him that Naresh (accused) was also missing from the previous day. Mawasi Ram (PW 3) stated that he then went to the police station on 11-4-90 and lodged the report (Ex. PB). Mawasi Ram PW also testified that on 15-4-90 he, along with his brother-in-law Bal Kishan, was present along with the police at Jharsa Chowk, and found Lila Devi and accused Naresh there. PW-3 also stated that the accused who tried to run away, was apprehended by the police and taken to the police station. According to PW-3 Mawasi Ram, a toy pistol (Ex. P1) was recovered from the suit-case of the accused under recovery memo Ex. PC. Sub Inspector Gurcharan Singh (PW-5) stated that on 11-4-90, Mawasi Ram PW lodged the report Ex. PB which was written by him (PW-5), and after registering the case. he went to the village along with Mawasi Ram, searched for the accused Naresh and found that he was not in the village. PW-5 further stated that on 15-4-90 when he was present at Jharsa Chowk, G. T. Road, Mawasi Ram PW and Bal Kishan came there, that the accused ran away and was apprehended at the spot, and on a search of the accused, a toy pistol (Ex. P1) was recovered from him. He stated that he arrested the accused and sent Lila Devi for medical examination.