SANTOSH PASWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant criminal appeal has been filed against the judgment dated 09.10.2004/12.10.2004 passed by the Sessions Judge, Kurukshetra, whereby the appellant herein has been convicted and sentenced to undergo rigorous imprisonment substantially for a period of 10 years under Sections 363, 366, 376 of Indian Penal Code and to pay fine in case FIR No.251 dated 12.07.2003, under Sections 363, 366, 376 of Indian Penal Code, registered at Police Station City Thanesar.

(2.) In short, the facts of the case are that, complainant-Om Parkash gave a complaint to the police stating therein that he was residing with his wife Pooja alias Bitto and daughter Poonam Kumari aged 14 years in a rented room in the house of Ved Parkash in Mohan Nagar, Kurukshetra. The complainant worked as labourer with a mason for fixing stone slabs and his wife worked in houses for cleaning, sweeping etc. and their daughter having failed in middle standard, remained at home. On 08.07.2003, at about 8.30 a.m., the complainant and his wife left home for their work and their daughter remained alone in the house. His wife returned home at about 1.30 p.m. and found Poonam missing from the house. The complainant returned home in the evening and was informed by his wife about it. They searched for Poonam, but could not find her. The complainant learnt that accused Santosh Paswan, who was also residing in a rented room in the vicinity, was also missing from his room. The complainant suspected that the present accused had kidnapped Poonam, minor, with intent to marry her with assistance of his elder brother Sanjay Kumar, who was also a mason residing nearby. When despite search, the complainant could not find his daughter, he made application dated 12.07.2003 to the police mentioning the above facts.

(3.) On the basis of the complaint, the instant FIR came to be lodged and during investigation, Sanjay Paswan was arrested, however, he was later on found innocent. The prosecutrix returned home on 27.07.2003 and disclosed that on 08.07.2003, while she was alone at home, accused Santosh Paswan came there at about 10.00 a.m. and got a letter written forcibly and pulled her out under threat and took her in a waiting autorickshaw to Pipli and then in a bus to Ludhiana. The accused threatened to kill her in the auto-rickshaw, if she made noise. At Ludhiana, the accused kept her at the house of a friend during day time. At about 6.30 p.m. he took her to a village i.e. Nangal Khera in Phagwara (Punjab). He kept her there in a room and forcibly committed sexual intercourse with her there against her consent and wishes. He did not allow her to talk with anybody. On 27.07.2003, she requested one Kamla aunty, who sent her son named Sanjay with her and she was left at Aggarsain Chowk, Kurukshetra and from there, she went home. Her parents produced her before the police and she was medico legally examined and sealed parcels were prepared and Section 376 of Indian Penal Code was added. Thereafter on 29.07.2003, her statement was got recorded under Section 164 Cr.P.C. Her radiological age was also got determined by ossification test and it was found to be 12-13 years. It is thereafter accused surrendered before the court on 26.08.2003 and joined in the investigation and also got medico legally examined. The spot, where the prosecutrix was kept, was also examined and spot memo was prepared and gunny bags which were found there, were seized. During the course of investigation, statement of the witnesses were recorded, middle examination certificate of the prosecutrix was taken into possession, FSL report was obtained and on completion of investigation, challan was presented in the court.