AMIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in the present appeal is to the judgment of conviction and the order of sentence dated 8.5.2009, passed by the learned Additional Sessions Judge, Gurgaon, whereby the appellant, Amit, was held guilty for the offences punishable under Sections 363, 366 and 376(2)(g), IPC, and ordered to undergo the following sentences:- <FRM>JUDGEMENT_616_LAWS(P&H)9_2014_1.html</FRM>

(2.) The brief facts of the case are that on 22.9.2007, Samun (PW8), brother of the prosecutrix (PW7)(name withheld), met SI Shish Ram (PW14) and submitted written complaint (Ex.PF) regarding kidnapping of his sister (prosecutrix) at about 9:00 a.m. on the same day, when she was going to the forest area for collecting fodder. Jamshed, Munfed and Jafru were named as accused, who had forcibly kidnapped the prosecutrix in a Maruti van. On hearing the cries of the prosecutrix, Rafiq (PW9), who was working in the nearby fields, got attracted to the spot and on seeing him, the kidnappers ran away from the spot in the Maruti van, which had no registration number plate. SI Shish Ram (PW14) made his endorsement (Ex.PF/1) and sent the complaint (Ex.PF) to the police station through Constable Ram Bilas, on the basis of which formal FIR (Ex.PF/2) was registered by ASI Ved Kumar (PW16) and made endorsement (Ex.PF/3) on the complaint (Ex.PF) in that regard. SI Shish Ram (PW14) proceeded to the place of occurrence and prepared the rough site plan (Ex.PN) of the place of occurrence.

(3.) On 26.9.2007, SI Shish Ram (PW14) along with other police officials and Samun (PW8) and Irfan (PW11) was present at the drain of village Nizampur, when Jamshed, co-accused of the appellant, was seen coming on the motorcycle, bearing registration No. HR-26M-1614, with the prosecutrix and they were intercepted. The prosecutrix was recovered from Jamshed and recovery memo (Ex.PK) was prepared. In token of its correctness, the signatures of the witnesses available on the spot, were obtained. The motorcycle was taken into possession vide memo (Ex.PJ), which was also got attested from the witnesses. Rough site plan (Ex.PO) of the place of recovery was prepared. After his arrest and personal search, Jamshed suffered his disclosure statement (Ex.PH) narrating the manner in which the prosecutrix was kidnapped at the instance of Bhuru son of Lal Khan.