UDAY UMESH LALIT, J. - (1.) These appeals arise out of the common judgment and final order dated 09.10.2013 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeals No.D-719-DB of 2010, D-713-DB of 2010 and D-735-DB of 2010.
(2.) Eight persons, namely, Diwan Singh, Anuj, Sumit, Pardeep, Yogesh, Satbir, Parveen and Abhishek were tried in Sessions Case No.6 of 2004/2009 on the file of the Additional Sessions Judge, Jhajjar, Haryana, in connection with crime registered pursuant to FIR No. 188 dated 18.08.2004 with Police Station City, Bahadurgarh, Haryana, in respect of the offences punishable under Sections 302/364-A/376/216 read with Section 120-B of the Indian Penal Code, 1860 ("IPC" for short).
(3.) The crime was registered pursuant to the reporting (Ex.P.11) made by one Manoj Kumar (later examined as PW10 in the trial). The reporting made at 5.45 pm on 18.08.2004 was to the following effect:- "Sir, It is submitted that I am Manoj Kumar s/o Rameshwar Singh resident of House No. 650, sector -6. Today i.e. on 18/08/2004 (at noon) about 12.45 P.M my children, who use to study in B.S.M. Public school, were coming back to house, by bus after closing of their school, as my son Neeraj 10 year and daughter xxx[1] 7 years got off from bus near Kothi No.622. then two boys came there on one red colour motor cycle, one of them asked to come here, upon which my daughter xxx went to near motor cycle then the boy sitting on motor cycle forcibly lifted baby and fled away toward the Primary school, while getting her sit in between them on motor cycle, number of motor cycle could not be seen. Hearing the alarm of children we tried to stop them but they fled away, while pushing us. Both of them were of young age. Out of them its driver had worn black pant, brown shirt and a helmet on his head. Till now we remained in search of girl, legal action be taken." [1] Name of the victim is withheld ;