BALKAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT -Balkar Singh has filed this appeal challenging the judgment/order of sentence dated 10.4.1996 passed by the Sessions Judge, Kurukshetra (hereinafter described as 'the trial Court') whereby he has been convicted and sentenced as under :- For offence punishable under Section 366 of the IPC to undergo rigorous imprisonment for five years and to pay fine of Rs. 250/- and in default of payment of fine, to undergo further rigorous imprisonment for one month. For offence punishable under Section 376 of the IPC to undergo rigorous imprisonment for seven years and to pay fine of Rs. 350/- and in default of payment of fine, to undergo further rigorous imprisonment for one and a half month. Both the sentences were, however, ordered to run concurrently.

(2.) THE allegations against the appellant are that he had enticed PW-11 Santosh Kumari daughter of Baldev Singh, aged about 15 years (referred to hereinafter as 'the prosecutrix') on 11.11.1994 at about 9.00 P.M. when she was returning home after answering the call of nature. The matter was reported to the police by her father (complainant) on the basis of which FIR No. 225 dated 12.11.1994 was recorded at Police Station, Ladwa. The prosecutrix was recovered in the company of the appellant on 30.11.1994 from the bus stop at village Pipli near Kurukshetra. Her statement under Section 164 of the Cr.P.C. was got recorded on 2.12.1994, before the Judicial Magistrate Ist Class, Kurukshetra, which is Exhibit-DA.

(3.) THE prosecution, in order to establish the charge against the appellant, produced oral as well as documentary evidence which included the medical testimony, the statements of the prosecutrix and the complainant.