VIJAY Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 21.4.1998/order of sentence dated 22.4.1998 rendered by the Court of learned Additional Sessions Judge, Hisar whereby he convicted and sentenced the accused Vijay to undergo rigorous imprisonment for 4 years and to pay a fine of Rs. 2,000/- under Section 363 of IPC and in default of payment of the same to further undergo rigorous imprisonment for one year and acquitted him of the charges under Sections 366/376 of IPC.

(2.) THE factual matrix is that on 10.7.1996 Madan Lal complainant father of the prosecutrix X (the name of the victim is not being indicated in the judgment to prevent social victimization of her in view of Premia @ Prem Parkash v. State of Rajasthan 2008(4) RCR(Crl.) 539 : 2008(5) RAJ 490 (SC) lodged report with the police that he is an agriculturist. He has five children, eldest of whom is his daughter Sushil and younger to her is his daughter X the prosecutrix, who got plucked in 10+2 Class. She was married in village Dhingsra. She was to go to the house of her in-laws on 15.7.1996. On 9.7.1996, he (complainant) was asleep with his children. Around 2.00 A.M., he saw that the prosecutrix X was missing from her cot. He woke up his wife Guddi. They searched for her here and there till morning. In the next morning, he saw that Vijay (accused) a student of 10+2 class, who was on visiting terms to their house was too absent from his house. He suspected his (Vijay) hand in the abduction of her. On his statement, the case was registered. On 2.7.1996, she was recovered from the company of accused Vijay at Bus Stand, Agroha. She was produced before the Magistrate, before whom she made a statement under Section 164 of Cr.P.C. She was also got medico-legally examined. The accused was arrested. On completion of investigation, the charge-sheet was laid in the court of learned Judicial Magistrate, 1st Class, Hisar, who committed the same to the court of Sessions for trial of the accused.

(3.) I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection.