AJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated March 25, 1995 and the order of sentence dated March 28, 1995 passed by learned Additional Sessions Judge, Gurgaon, whereby the accused-appellant was convicted for the offence punishable under Section 363 of the Indian Penal Code (for short 'IPC') and sentenced to undergo rigorous imprisonment for a period of three years.

(2.) ON February 10, 1993 at about 8.30 p.m. Manju Bala aged 14 years prosecutrix was on her way to her house in village Joniawas. Ajit Singh accused-appellant met her and asked her that her mother was waiting for her in the Mohalla Chamaro as she was to accompany her to go to Rewari to see her maternal grand-father, who fell ill. She accompanied the accused-appellant. When she reached the Mohalla Chamaro, a young person was standing with a scooter. The accused-appellant and the said young person forcibly took her to Jamalpur Chowk on the scooter. From there, Ajit Singh, brought her in a bus to Gurgaon. Ajit Singh enticed her. Both of them remained at Railway Station, Gurgaon throughout the night. From there, they came to Bus-stand Gurgaon and from Gurgaon, the accused-appellant brought her at 12 noon to Jamalpur Chowk and from Jamalpur Chowk, she came on foot to her village Joinawas. She narrated the entire incident to her mother. A panchayat was convened, but no compromise could be effected. On February 12, 1993, she along with her mother came to Police Station Farrukh Nagar, Gurgaon and made statement (Exhibit PH), on the basis of which, formal First Information Report (Exhibit PH-2) was recorded at said Police Station under Sections 363, 366 and 342 IPC. The prosecutrix was medically examined at General Hospital, Gurgaon. Subsequently, supplementary statements of Manju Bala and her mother Vijay Laxmi were recorded. Offence under Section 376 IPC was added. On February 15, 1993, the accused-appellant was produced before the police by the residents of village Joniawas. He was arrested. On March 1, 1993, Manju Bala prosecutrix was produced before the area Magistrate and her statement (Exhibit PJ) was recorded by Judicial Magistrate 1st Class, Gurgaon (for short 'JMIC'). On completion of the investigation, the accused-appellant was arraigned for trial.

(3.) THE prosecution in support of its case examined nine witnesses, viz. Matadin, Assistant Sub-Inspector (for short 'ASI') (PW-1), Balwan Singh Constable (PW-2), Dr. K.D. Vashisth (PW-3), Dr. Vineeta Bhatnagar (PW-4), Ram Singh SS Master (PW-5), Manju Bala prosecutrix (PW-6), Mool Chand Punia Draftsman (PW-7), Shri R.N. Bharti, JMIC, Gurgaon (PW-8) and Siri Ram SI (PW- 9).