JAI NARAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THESE are two appeals. Criminal Appeal No. 951 of 1968 is by Raja Ram and Criminal Appeal No. 1135 of 1968 is by Jai Narain. The appellants have been convicted by the IInd Additional Sessions Judge, Karnal by his judgment dated September 30, 1968. Raja Ram appellant has been convicted under Section 366, Indian Penal Code and sentenced to rigorous imprisonment for 11/2 year and to pay fine of Rs. 50.00 or in default of payment of fine to undergo further rigorous imprisonment for two months. Jai Narain has been convicted under Section 376. Indian Penal Code and sentenced to rigorous imprisonment for six years and to pay fine of Rs. 500.00 or in default of payment of fine to further suffer rigorous imprisonment for six months. The two appeals having arisen out of the same judgment are being disposed of together.

(2.) FINDING that the girl and the appellant were not being traced and some clue had been given to him that they could be towards the side of Police Station Nissang, Ram Shah. Station House Officer of Police Station Indri proceeded there on April 12, 1968. On April 13, 1968, the appellant informed the prosecutrix that they were being chased by the police. They left the village early in the morning. While Ram Shah, Station House Officer was present in Dera Ganga Singh along with Narain Dass father of the prosecutrix and three other persons, the appellant and the prosecutrix were seen coming and were taken in custody. At that time, the prosecutrix was holding jhola Exhibit P. 16 in her hand containing one suit, shawl and two chunis. It was taken in possession. Memo pertaining to its recovery is Exhibit P.W. 1/8. The suit which the prosecutrix was wearing at the time she was recovered was also taken in possession. Memo pertaining to its recovery is Exhibit P.W. 1/9. The appellant was carrying another jhola Exhibit P. 1, which contained various cosmetics apart from certain garments Exhibits P. 2 to P 14. Memo pertaining to recovery of this jhola is Exhibit P. W. 1/6. Dhoti of the appellant Exhibit P. 15 was also removed from his person and taken into possession. Memo pertaining to its recovery is Exhibit P. W 1/7.

(3.) SHRI K.S. Keer, who appeared on behalf of Raja Ram appellant contended that even if the case of the prosecution as made out from the evidence of the prosecutrix herself and supported by the evidence of her father Narain Dass, her mother Smt. Tara Wanti, her brother Abinash Kumar P.Ws. is admitted to be correct, no offence could be said to have been committed by Raja Ram appellant under section 3S6, Indian Penal Code.