ANIL KUMAR @ SUNIL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and the order of sentence, dated 04.04.95, rendered by the Court of Additional Sessions Judge, Jagadhri, vide which, it convicted the accused (now appellant), and sentenced him, as under:- Name of the accused (now appellant) Offence for which convicted Sentence awarded 1 2 3

(2.) THE facts, in brief, are that Krishan Ram son of Kura Ram, made a statement dated 23.07.93, which formed the basis of first information report, containing the allegations, that the prosecutor (name not being mentioned, on account of the pronouncement of the Apex Court),his minor daughter aged about 13/14 years had been found missing since 20.07.93, when he had gone out of station, in connection with his work, and his wife had gone to the field for plantation of paddy saplings. Search of the prosecutor was conducted, at various places, but no clue was found. The complainant expressed his suspicion, against Anil Kumar, accused, a shop-keeper in the village, as he was also found missing. During the course of investigation, on 25.07.93, the prosecutor was recovered when she was found in the company of Anil Kumar, at Railway Station Kalanor, District Yamunanagar. The accused was arrested. She was got medicolegally examined. The accused was also got medico-legally examined. The statements of the witnesses were recorded. After the completion of investigation, the accused was challenged.

(3.) THE prosecution, in support of its case, examined Dr. S.C. Kalra (PW1), who medico-legally examined Anil Kumar, accused, and opined that there was nothing to suggest that he was incapable of performing sexual intercourse.