NANAK Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order dated 29. 4. 1998 rendered by Shri Dharamvir Singh, the then additional Sessions Judge, Faridabad whereby the accused has been convicted under Sections 366, 363 and 376 IPC and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 500/- and in default of payment of fine, to undergo further imprisonment for 15 days under Section 363 IPC; to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 500/- and in default of payment of fine, to undergo further rigorous imprisonment for 15 days under Section 366 IPC and to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 5,000/- and in default of payment of fine, to undergo further imprisonment for a period of five months, under Section 376 IPC. The substantive sentences awarded to the accused have been ordered to run concurrently.

(2.) THE facts of prosecution case are reduced to a smaller compass as follows:-The present case was registered on the statement of Chanderwati, mother of the prosecutrix, Exhibit PF. It was alleged that on 14. 9. 1994, during the night, the accused kidnapped the prosecutrix, aged 13 years. A search was made for her in the neighbourhood and other places of her relatives but she could not be traced. The accused was arrested while being in the company of the prosecutrix. On 16. 9. 1994, the statement of prosecutrix was recorded by the Judicial Magistrate 1st Class, Faridabad, wherein she deposed that on 14. 9. 1994, during the night at about 10-00 p. m, she came out of her house to urinate. The accused met her outside and told her that her elder sister was seriously ill in the hospital and she should accompany him. The prosecutrix accompanied the accused. When they reached on the road, the accused took her in a truck. After about 1/1-2 hours, they got down from the truck at Mathura. When the prosecutrix enquired from the accused as to where he was taking her, the accused took out a knife and threatened her that he would kill her if she raised any alarm. Thereafter, from Mathura, the accused took the prosecutrix in an auto-rickshaw to village Kot, where she was kept in a room in the school. During the night, the accused had sexual intercourse with her on knife point.

(3.) AFTER completion of investigation, challan was presented against the accused.