SAKAL DEV Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this judgment dispose of Cr1. Appeal No. 155-SB of 1996 (Sakal Dev & another v. State of Haryana) and Cr1. Appeal No. 418-SB of 1996 (Raj Kumar v. State of Haryana), as born these appeals, in the opinion of this Court, can be disposed of by one judgment. Both the appeals have arisen from the judgment dated 15-2-1996 and order dated 16-2-1996 passed by Addl. Sessions Judge, Gurgaon, who convicted appellants Sakal Dev and Parveen under Section 120-B, I.P.C. and appellant Raj Kumar under Sections 120-B, 366 and 376. I.P.C. and sentenced them as under: Saka It was held by the, trial court that all the sentences awarded to appellant Raj Kumar shall run concurrently.

(2.) The case of the prosecution in brief is that complainant Raghbar Singh is a resident of Gandhi Nagar, Gurgaon. He has got five children and one of them is daughter Sonu aged about 12/13 years. She had been studying in 8th standard in S.D. Girls High School. Examination was conducted in the school in September. 1993. She went to the school on 22-9-1993 to appear in the examination on a bicycle and did not return home. The complainant searched for her at different places but without result. Ultimately, he reported the matter to the police on 23-9-1993 and placed suspicion in the kidnapping of his daughter on appellant Raj Kumar a permanent resident of Bihar who was occupying a portion of the house of the complainant on rent. After registration of FIR, investigation was taken up Sonu prosecutrix was recovered on 11-11-1993 from the company of appellant Raj Kumar in the area of Police Station. Beas, in Punjab State. In her statement under Section 164, Cr. P.C. made before the Magistrate, she disclosed that she had gone to school on 22- 9-1993 at about 7.00 a.m. All the three appellants accompanied by one Jai Bhagwan came there. Appellant Parveen alias Pintoo told her that her father met with an accident and she had been called to Delhi and that appellant Raj Kumar shall accompany her. Appellant Raj Kumar was known to her and she went with him to Delhi. On the way Raj Kumar served her tea and after taking tea she became unconscious. When she regained consciousness. She found herself in a room and there people were talking in Punjabi. She was not allowed to stay alone nor she was allowed to talk to anyone. Raj Kumar used to subject her to forcible sexual intercourse under threat of death. One day the landlady came there and Sonu prosecutrix narrated the occurrence before her. The landlady informed the police. Consequently police came there and took her to Beas Police Station. Information was sent to Gurgaon. All the three appellants were arrested. Medical examination of the prosecutrix and that of the appellant Raj Kumar was got done. Necessary documents were collected by the police during investigation. Ossification test of Sonu was conducted so as to determine her age. After completion of the investigation of the case, challan was presented in the Court of Area Magistrate, who supplied the copies of documents to the appellants and vide commitment order dated 25-4-1999 the appellants were committed to the Court of Sessions.

(3.) Vide order dated 1-7-1994 charges were framed against the appellants under Sections 366, 376 Dev & : To undergo RI for a period of 2 years and to pay a fine of Rs. 200/- each; in default of payment of fine to undergo SI for two months, under Section 120- B, I.P.C Raj Kumar :