VIRENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant was tried by Additional Sessions Judge, Rohtak for offences under Section 366 and 376, IPC. Vide judgment dated 27-11-1993, the trial Court convicted the appellant for the aforementioned offences. After hearing the convict on the question of sentence, the trial Court, vide order dated 30-11-1993, sentenced him to undergo RI for three years and to pay a fine of Rs. 1000/- for the offence under Section 366, IPC and in default of payment of fine to undergo further RI for six months. The appellant was also sentenced to undergo RI for seven years and pay a fine of Rs. 2,500/- for offence under Section 376, IPC and in default of payment of fine to undergo further RI for one year. Both the sentences were ordered to run concurrently.

(2.) The case was set up on the basis of a statement Ex. PH made by Daya Nand. In his statement, the informant stated that his daughter. who was a student of 8th standard, slept in the house on the night intervening 29/30-3-1992. Next morning. when he and other members of the family woke up, they saw that his daughter was not present on the cot. Search was made in the village and also in the surrounding areas but no clue could be found. The said search also took him to Jhajjar, where he learnt. from one Parmod Kumar that he had seen his daughter with the accused at bus stand, Jhajjar, while boarding a bus on 30-3-1992 at about 7.00 a. m. Even the accused was found absent from his house. Both the accused and his daughter used to attend the same school. He suspected that his daughter had been allured and abducted by the accused with an intention to marry her. He also mentioned the identification features in respect of his daughter, who was aged only 14 years. On the basis of the aforementioned statement, which was recorded by ASI Jai Parkash on 1-4-1992 at 10.15 a. m., while being present on the Kosi Road, Jhajjar, FIR Ex. PH/1 came into existence in Police Station, Jhajjar the same morning at 10.30 a.m.

(3.) During the investigation, ASI Jai Prakash visited the spot and recorded the statements of the witnesses. On 8-4-1992, he along with SI Ram Sarup, SHO was present near bus stand, Jhajjar, where secret information was received by the SHO that the accused and the prosecutrix were present near booth No. 1 of the bus stand. Both of them proceeded towards the said place, from where the accused was apprehended and the prosecutrix recovered. At that very place, the prosecutrix made a statement that she was raped by the accused on the night intervening 29/30-3-1992 at a stadium in Jhajjar. The accused was thereafter, produced before the doctor for his medico-legal examination.