DINESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of Criminal Appeal No. 327-SB of 1992, filed by Dinesh, and Criminal Appeal No. 160-SB of 1994, filed by Munna Lal @ babbu, accused (now appellants), arising out of the judgment of conviction dated 29-8-1992, and the order of sentence dated 31-8-1992, rendered by the Court of Addl. Sessions Judge (I), Faridabad, vide which it convicted Dinesh, accused/appellant, for the offence, punishable under S. 366, IPC, and sentenced him, to undergo rigorous imprisonment, for a period of three years, and to pay a fine of Rs. 1000/-, and in default of payment of the same, to undergo rigorous imprisonment for another period of six months, and convicted Munna Lal @ Babbu, accused /appellant, for the offence, punishable under Section 376, IPC, and sentenced him, to undergo rigorous imprisonment, for a period of seven years, and to pay a fine of rs. 2000/-, and in default of payment of the same, to undergo rigorous imprisonment for another period of one year.

(2.) THE prosecutrix (her name is not being mentioned in view of the pronouncement of the Apex Court and she is being referred to as prosecutrix) aged 18/19 years, is the third child of Gopal. On 12-5-1991, Gopal was away from his house, for some work. His wife, Smt. Phoolwati, along with her daughter, (the prosecutrix), was present, in the house. On that day, in the morning, the mother of the prosecutrix, asked her to accompany her, to the fields, for some agricultural work. She declined, on account of the hot weather outside. She further told her that she will go to nearby Tigaon village, for wearing bangles. This led to a tiff between the mother, and the daughter. It was. stated that the prosecutrix left village Bhainsrawali, for village Tigaon, to wear bangles, at the shop of a Bangle-seller, popularly called manihar. When she was, in the half way, dinesh, accused, resident of Bhainsrawali and known to her, met her. He was on his scooter. He offered her a lift, on the scooter, for dropping her, at the place of work of her brother Jagdish, who was employed with kamla Syntex Faridabad. It was further stated that the prosecutrix took the lift, on the scooter of Dinesh, accused. Dinesh, accused, instead of dropping her, at the place of work of her brother, took her to ISBT, delhi, and parked his scooter outside the bus-stand. Munna Lal alias Babbu, accused, a driver by profession met Dinesh, accused, there. They had some conversation. Dinesh, accused, thereafter, handed over the prosecutrix, to Munna Lal, accused, who made her to sit in a three-wheeler, which he himself was driving, and took her to village Asmanpur, Delhi. Dinesh, accused thereafter, disappeared. Munna Lal, accused, kept the prosecutrix, for about a month, and repeatedly raped forcibly. She was also put under fear by Munna Lal, accused, and was not allowed to meet anybody, at village asmanpur. When Gopal, returned home, in the evening, Phoolwati, narrated her the episode, in the morning. When the prosecutrix, did not return home, in the evening, a search for her, was made at village Tigaon, with relations, and well-wishers. Finding no clue of the prosecutrix, gopal, lodged a report with the police, on 30-5-1991, about her disappearance. In the meanwhile, Dinesh, accused, contacted the family of Gopal, and offered to search, and bring the prosecutrix, if a sum of Rs. 400/-, was paid to him. This offer was accepted by the family of Gopal. When a sum of Rs. 400/- was arranged, and offered to Dinesh, accused, he declined to accept the money. He, however, did not bring back the prosecutrix, as per promise. On 12-6-1991. Gopal, lodged a formal report, with the police, regarding kidnapping/abduction of the prosecutrix. He suspected Dinesh, accused, for kidnapping/abduction of the prosecutrix. Munna Lal, accused, after keeping the prosecutrix, in his house and repeatedly raping her there, forcibly, brought her to jhuggis, near Bus-stand Ballabhgarh. She was kept there. He repeatedly raped her, in that jhuggi, which was located in the cluster of jhuggis, without her consent, and against her will. A secret information was received by the police, on 30-6-1991, whereupon, a raid was conducted, at that jhuggi. The prosecutrix was recovered from that jhuggi, where she had been confined by Munna Lal accused. The prosecutrix, was sent for medico-legal examination. She was medico-legally examined by Dr. Anita Bansal, Medi-cal Officer, General Hospital, Ballabgarh. The doctor opined that the sexual intercourse had been committed with the pros-ecutrix, a number of times. After medico-legal examination, the prosecutrix, was produced on 1-7-1991, before the Judicial magistrate 1st Class, Faridabad, for her statement, under Section 164 Cr. P. C. Her statement under section 164, Cr. P. C. was recorded. Munna Lal alias Babbu, and Dinesh, accused, were arrested. Medical examination of munna Lal, accused, was conducted by Dr. C. Pal, RMO, General Hospital, ballabgarh, who found 3 injuries, on his person. He also found him, fit to commit sexual intercourse. Ossification test of the prosecutrix was got conducted, for determining her age. She was found to be of the age of 17/18 years. Sealed plan of the scene of occurrence was prepared. The statements of the witnesses, were recorded. The offence, under Section 376, IPC, was added qua munna Lal, accused. After the completion of investigation, the accused were challaned.

(3.) ON their appearance, in the Court of the Committing Magistrate, the copies of documents, relied upon by the prosecution, were supplied to the accused. After the case was received by commitment, in the Court of Sessions, charge under Section 376 of the ipc, was framed against Munna Lal, accused, whereas, charge under Section 366, ipc, was framed, against Dinesh, accused, to which they pleaded not guilty and claimed trial.