JIWAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRESENT appeal has been filed by Jiwan Kumar son of Toran Rishi Dev, aged 22 years, resident of Badhari, District Medhapura (Bihar). Present appeal has been filed through jail, by the counsel through legal aid. On March 26, 2009, this Court had passed the following order:

(2.) THE appellant has been nominated as accused in case FIR No. 151 dated 21.06.2007 registered at Police Station Indri under Sections 363, 366 -A, 376, 506 IPC. FIR was lodged on the basis of statement, Ex.P3 made by Rishi Pal to ASI Japal Giri.

(3.) ON the basis of statement, FIR Ex.P4 was recorded. The matter was investigated. Report under Section 173 Cr.P.C. was submitted. Vide Ex.P11, the Investigating Officer had taken certificate issued by the Board of School Education, Haryana, in which date of birth of the prosecutrix was recorded as 7th September, 1991. The appellant Jiwan Kumar was arrested on 12th July, 2007. On 7th September, 2007, the appellant was charged that on the intervening night of 19th and 20th June, 2007, in the village Khukhni, he kidnapped Reena from her house. Reena being minor was enticed out of the lawful guardianship of her parents and without their consent, thereby he committed offence punishable under Section 363 IPC. He was further charged that prosecutrix was kidnapped with criminal intimidation with the intent that she may be compelled to illicit intercourse, thereby offence under Section 366 IPC was also committed. He was further charged under Section 376 IPC for committing rape upon the prosecutrix upto 9th July, 2007 in Bihar. Furthermore and lastly, he was charged under Section 506 IPC for having threatened the prosecutrix to cause death of her brother. The appellant pleaded not guilty and claimed trial.