VED PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant challenges his conviction under Section 363 IPC, for which, he has been sentenced to undergo imprisonment for three years and to pay fine of Rs.1,000/-, in default, to undergo further simple imprisonment for three months. Case of the prosecution is that K (PW-12) daughter of Ram Pal and niece of Banarsi Dass (PW-11) was a student of tenth class. The appellant used to misbehave with her. PW-11 Banarsi Dass, who was working in Irrigation Department and his brother Ram Pal lodged protest with the father of the appellant Risal Singh who assured them that he will advise his son not to misbehave. PW-11 Banarsi Dass brought K to his house in village Murtzapur to avoid the appellant, but the appellant continued to follow her. He was living in Village Naina. In spite of advice of Banarsi Dass, he did not desist from doing so. On 25.04.1993, the appellant was found talking to K , but he ran away after seeing them. On the same day, Smt. Rajpati wife of Banarsi Dass was sleeping in her room after taking dinner. She got up at 2.00-3.00 A.M. and found K absent from her cot. She woke up Banarsi Dass and told him that K was missing. In spite of search, she was not found. Ram Pal was informed. When she was not found for several days, on 7.5.1993, a complaint (Ex.PK) was lodged with the police station, to the effect that K had been kidnapped by the appellant. K was recovered from the custody of the appellant on 19.6.1993 at Bus Stand, Kaithal by ASI Tara Chand. After investigation, the appellant was sent up for trial. The prosecution examined PW-1 Shri Nand Kishore, Judicial Magistrate, regarding statement under Section 163 Cr.P.C., PW-2 Ram Singh, Head Master, regarding school leaving certificate (Ex.PD), PW-3 Dr. Jagmal Singh, Medical Officer, who conducted medical examination of the accused, PW-4 Dr. Sunita Jain, Medical Officer, regarding medical examination of K , PW-5 Patwari Sat Pal, regarding site-plan (Ex.P1), PW-6 Baljeet Singh, regarding date of birth (Ex.PJ), PW-7 SI Shamsher Singh, Investigating Officer, PW-8 MHC Zile Singh, regarding affidavit (Ex.PN), PW-9 Constable Satish Kumar, regarding affidavit (Ex.PO), PW-10 HC Puran Mal, Investigating Officer, PW-11 Banarsi Dass, complainant, PW-12 K , prosecutrix and PW-13 ASI Tara Chand, Investigating Officer.

(2.) The accused denied the prosecution allegations and stated that he was falsely implicated on account of party faction. He examined Surta Ram, Chowkidar (DW-1), Hari Chand, Head Teacher of Government Primary School, Naina (DW-2).

(3.) After considering the evidence on record, the trial Court held that K was proved to be more than 16 years of age and she had consented for the sexual intercourse, but K was kidnapped from the lawful guardianship and offence under Section 363 IPC stood proved against the appellant. Out of the entries of date of birth, entry Ex.DA was proved by the defence showing the date of birth to be 1.3.1977 and the same was accepted to be the correct one. The other dates of birth mentioned were 5.1.1978 (Ex.PJ) and 4.5.1977 (Ex.PD), as per birth entry/school register.