VINOD KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) SHRI Vinod Kumar present appellant alongwith Kuldip Singh was tried for an offence under Sections 363, 366-A and 376 of the Indian Penal Code. Prosecutrixes in this case are two in numbers namely Manju and her younger sister Suman Lata. F.I.R. No. 103 dated 3.5.1996 was registered in Police Station Shahbad, District Kurukshetra. The brief facts of the case are that Phool Kumar is father of both the prosecutrixes. He was aged about 40 years. Harijan by caste and had been working as a labourer. He has two daughters namely Manju according to the complainant aged about 15 years and Suman Lata aged about 12 years and two sons namely Sunil Kumar aged 5 years and Ashwani Kumar aged 19 years. The complainant was ill for the last one year and that is why his wife Krishna and two daughters used to work with Narinder Chawla who used to deal in potato and vegetables. The appellant and his companion Kuldip Singh also used to work as contractors. In this manner they developed relations with Phool Kumar and started visiting his house. Vinod Kumar, the present appellant had been donating blood for Phool Kumar. The story of the prosecution further proceeds that on 30.4.1996 both the daughters of the complainant had gone after lunch to the house of his father which adjoins his house. In the morning of 1.5.1996 he did not find both the daughters in the house. He searched for them in the relations. Then he started doubting over the appellant and his companion that they might have enticed his daughters. As a result the complainant made statement on 3.5.1996 on the basis of which case was registered (against ?) the appellant and his companion under sections 363 and 366 of the Indian Penal Code. It is further alleged that on 2.7.1996 on receipt of information, Tara Chand ASI had gone to Udhampur (J&K) and arrested the appellant and his companion on 3.7.1996 and recovered Manju and Suman from their custody and then both the accused were got medically examined and the clothes worn by them were taken into possession. On 4.7.1997 statements of Manju and Suman were recorded under section 164 Cr.P.C. and they were medically examined. On completion of the investigation of the case, appellant and his companion Kuldip Singh were challaned under sections 363/366/376 of the Indian Penal Code in the court of the Area Magistrate and vide commitment order dated 24.9.1996 committed the accused to the court of Sessions to face trial.

(2.) VIDE orders dated 9.10.1996, the appellant and his companion were charge-sheeted for offences under sections 363/34, 366/34, 366-A/34 and 376(g) of the Indian Penal Code. The charges were read over and explained to the accused, to which they pleaded not guilty and claimed trial.

(3.) STATEMENT of the accused was recorded under section 313 Cr.P.C. and all the incriminating circumstances appearing in the prosecution evidence were put to the accused. The defence of the present appellant Shri Vinod Kumar before the trial court was as follows :-