DAYA RAM @ DEV PURI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal appeal filed by Daya Ram alias Dev Puri aged 42 years at the time of his conviction and has been directed against the judgment and order dated 4.9.1996 passed by the Court of Sessions Judge, Kurukshetra, who convicted the appellant under Sections 366 and 376 I.P.C. and sentenced him to undergo R.I. for a period of 5 years and to pay a fine of Rs. 250/-; in default of payment of fine to further undergo R.I. for one month, under Section 366 I.P.C. The appellant was further directed to undergo R. I. for 7 years and to pay a fine of Rs. 500/-; in default of payment of fine, to further undergo R.I. for two months, under Section 376 I.P.C. Both the sentences were ordered to run concurrently.

(2.) THE brief facts of the case are that appellant Daya Ram alias Dev Puri was sent up for trial by the police of Police Station Thanesar to face his trial under Sections 366 and 376 I.P.C. in case F.I.R. No. 19 dated 21.1.1996 registered in the said police station. Lilu Ram PW3 is the father of Ajmero Devi. Said Lilu Ram levelled allegations against the appellant that he was a resident of village Sanheri Khalsa and is a carpenter by profession. He has one daughter and two sons. The eldest is the daughter aged about 15 years by the name of Ajmero Devi. He further stated before the police in his statement Ex. PF that there is a temple of Lord Shiva in his village and in the temple a priest (Pujari) by the name of Dev Puri is residing. He further stated that his wife as well as daughter Ajmero Devi had been visiting that temple in order to pay obeisance. On 20.1.1996 at about 5.30 P.M. his daughter Ajmero Devi had gone to that temple in order to pay obeisance but she did not return home. He searched for his daughter but he could not trace her. He further got recorded in the statement that Dev Puri was also not present in the temple. It is further alleged by the complainant that Dev Puri Baba appellant is a resident of Mathura and he must have enticed his daughter Ajmero by alluring her with a purpose to commit rape upon her. The above statement of Lilu Ram was recorded by the police on 21.1.1996 at 12.15 a.m. when the police party was present in village Sanheri Khalsa in connection with patrolling. The statement Ex.PF. was read over and explained to Lilu Ram, who thumb marked the same in token of correctness. Thereafter SI Karnail Chand, the Investigating Officer, who recorded the statement Ex.PF, made endorsement Ex.PF/1 underneath the said statement and it was sent to Police Station Sadar Thanesar through Constable Balwinder Singh for getting the case registered under Sections 363/366 I.P.C. and on the basis of this, formal F.I.R. Ex. PF/2 was recorded in Police Station Sadar Thanesar at 1.20 a.m. on 21.1.1996.

(3.) ON the completion of the investigation of the case, after recording the statement of the relevant witnesses, the appellant was challaned in the Court of Illaqa Magistrate, who supplied the copies of the documents to the appellant and vide commitment order dated 27.3.1996 committed the appellant to the Court of Session.