RAJESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgement of conviction dated 28. 01. 95, and the order of sentence dated 31. 01. 95, rendered by the Court of Additional Sessions Judge, Rohtak, vide which, it convicted the accused, for the offences, punishable under Sections 363 and 366 of the Indian Penal Code, and sentenced them, to undergo rigorous imprisonment, for a period of three years each, and to pay a fine of rs. 20,000/- each, and in default thereof, to further undergo rigorous imprisonment, for a period of two years each under Section 366 of the Indian Penal Code only. Ninety percent of the amount of fine recovered was ordered to be given to the prosecutrix (name not being mentioned, in view of the pronouncement of the Apex Court ).

(2.) THE gist of the prosecution case, is that, ram Saran Dass, prosecution witness, along with his niece i. e. the prosecutrix, attended a marriage function on 06. 05. 1992, in the services Club, Rohtak, hosted by one Sushil gakhar. Both of them left the function at about 10. 00 p. m, for their house. When they reached near the house of Mr. Chawla a regional Manager of a Bank, in Shakti nagar, a dark blue coloured Maruti Van bearing No. DL-5c-6287 suddenly stopped near them. The engine of the Maruti Van was on, with one person, sitting on the driving seat. Three persons alighted from the van, wielding knives, and forcibly lifted Manju bala, and put her into the Van, after pushing Ram Saran Dass, aside. One of the lifters shouted "mahinder speed up the vehicle, some persons are coming from the other side. " Ram Saran Dass was, however, capable of seeing the faces of the three lifters under the nearby street light. The van left instantaneously with the three lifters and the prosecutrix. Ram Saran Dass, raised alarm, upon which, many persons including Ramesh Kumar, came to that place. Some of them had conveyance like motorcycle or scooter. They started for searching the van. Ram Saran Dass scribed an application and started for reporting the matter at the Police Station, when he met a Police party, in a jeep, near Ashoka Cinema and he presented his application exhibit PA to pyare Lal, Assistant Sub Inspector, on the basis whereof, first information report, exhibit PA/2 was recorded. Pyare Lal, went to the spot along with Ram Saran Dass, complainant, and prepared the site plan exhibit pm. After making enquiries from the persons who were found present at the spot, pyare Lal, Assistant Sub Inspector, started searching the culprits and the prosecutrix, in his jeep. The Police party headed by Pyare lal, reached Man Sarover Park, on Sonepat road, near the water works, in the area of rohtak town, at about 12. 30 midnight, where they laid a picket. Sube Singh Head constable, Raj Kumar, Assistant Sub Inspector, and Amarjit, Head Constable along with other Police Officials also reached there. At about 1. 00 a. m. on the same night, the said Maruti Van was seen coming from the side of Rohtak City. The road was blocked by parking a jeep, in the middle of the same. The Maruti Van was got stopped. The moment Pyare Lal, opened its window, all the four culprits, came out of the van, and tried to run away. The prosecutrix was also present in the same van. She was identified by Ram Saran Dass, complainant. Pyare Lal, assistant Sub Inspector, Raj Kumar, Assistant Sub Inspector, and other Police Officials, chased the aforesaid accused, while they were running. While being followed by the Police, all the accused fell on the nearby barbed wire fencing of the water works. Pyare Lal, Assistant Sub Inspector, apprehended Rajesh, accused, Raj Kumar, Assistant Sub Inspector, apprehended Mahabir, accused, Head Constable Amarjit apprehended Mahabir son of Ram Singh, accused, and Head Constable Sube Singh, apprehended Mohinder, accused. The personal search of all the accused was conducted by the aforesaid Police Officials, who had apprehended them. Spring actuated knives, from the possession of each of the accused, were recovered, on the basis whereof, separate cases were registered. The van was also searched. The prosecutrix was taken out of the Van. Broken pieces of bangles, a lady wrist watch and one chappal were recovered from the van. All the articles were converted into a parcel, duly sealed with the seal PL and taken into possession. The seal was handed over to Ram Saran Dass, prosecution witness. All the aforesaid recovered articles were produced before the Court. The statement of the prosecutrix was recorded. Site plan PN, of the place of recovery was prepared. The prosecutrix as well as the accused were taken to Civil Hospital, Rohtak, where all the accused were got medico-legally examined, vide application PO, PP, PQ, and PR, respectively. The under-wears of all the accused were taken into possession along with the sample of their pubic-hair by the doctor who examined them. The same were converted into parcels, and handed over to Pyare Lal, Assistant Sub Inspector, who took the same into possession, vide memo PS. The prosecutrix could not be examined, in Civil Hospital, Rohtak, owing to the non-availability of a lady doctor. She was, however, got examined at E. S. I. Dispensary. The prosecutrix was then handed over to the complainant and all the accused were sent to jail. The birth certificate PL of the prosecutrix was also obtained, showing her date of birth as 25. 04. 78. After the completion of investigation, the accused were challaned.

(3.) ON their appearance, in the Court of the Committing Magistrate, the accused were supplied the copies of documents, relied upon by the prosecution. After the case was received by commitment, in the Court of Sessions, charge under Sections 363 and 366 of the Indian Penal Code, was framed against the accused, to which they pleaded not guilty and claimed judicial trial.