NIRMAL SINGH,J - (1.) THIS judgment will dispose of Criminal Appeal Nos. 137-SB of 1997 (Anita v. State of Haryana) and 225-SB of 1997 (Rakesh Kumar v. State of Haryana) arising out of judgment dated 22.1.1997 passed by learned Additional Sessions Judge, Ambala convicting and sentencing the appellants in the manner indicated below. Anita, appellant was sentenced as under :- (i) Rigorous imprisonment for a period of three years and to pay a fine of Rs. 5000/- for the offence punishable under Section 366 I.P.C. In default of payment of fine, she shall undergo further R.I. for a period of one year. (ii) R.I. for two years and to pay a fine of Rs. 2000/- for the offence punishable under Section 363 I.P.C. In default of payment of fine, she shall undergo further R.I. for six months. (iii) R.I. for one year and fine of Rs. 1000/- for the offence punishable under Section 344 I.P.C. In default of payment of fine, she shall undergo further R.I. for six months. Rakesh Kumar, appellant was sentenced as under : (i) R.I. for a period of ten years and to pay a fine of Rs. 5000/- for the offence punishable under Section 376 I.P.C. In default of payment of fine, he shall undergo further R.I. for a period of one year. (ii) R.I. for five years and to pay a fine of Rs. 2000/- for the offence punishable under Section 366 I.P.C. In default of payment of fine, he shall undergo further R.I. for a period of one year. (iii) R.I. for a period of three years and to pay a fine of Rs. 1000/- for the offence under Section 363 I.P.C. In default of payment of fine, he shall undergo further R.I. for six months. (iv) R.I. for two years and fine of Rs. 1000/- for the offence punishable under Section 344 I.P.C. In default of payment of fine, he shall undergo further R.I. for six months.
(2.) THE prosecution story in brief is that appellant Rakesh Kumar was residing as a tenant in one room in the house of Sikander alongwith his sister Anita. On 14.6.1992, Laxmi-prosecutrix, who is grand daughter of Karma (father of Sikander) saw a movie on the TV in the house of her grand father upto interval and then went towards her house. However, she did not return on the resumption of the movie. She told her mother that she was going to see the movie but she did not reach the house of her grand father. The mother of Laxmi enquired about Laxmi from her father-in-law, Karma. A search was made for Laxmi. Karma took Gurdev Singh, Sarpanch with him. Prem Singh told them that he had seen Laxmi, Rakesh Kumar and Anita while going towards Village Mauli. On the basis of that, Karma made a statement (Ex.PJ) to the police on 30.6.1992 that his grand daughter Laxmi had been kidnapped by accused Rakesh Kumar and his sister Anita. He also stated that his grand daughter was minor. On the basis of the statement made by Karma, FIR, Ex. PJ/1 was recorded. Investigation of the case was entrusted to SI Suraj Bhan. On 28.1.1993, SI Suraj Bhan received an information that Rakesh Kumar and Laxmi were present near Dhurbeen Chowk, Ambala Cantt. He alongwith, Khairdin, uncle of Laxmi, went to Dhurbeen Chowk. Laxmi was found in the company of Rakesh Kumar. Accused Rakesh Kumar was arrested. Both Laxmi and Rakesh Kumar were sent for medico-legal examination. After completion of the investigation, challan was presented before the Illaqa Magistrate. The Illaqa Magistrate committed the case to the Court of Sessions vide order dated 7.2.1994. The case was entrusted to Additional Sessions Judge, Ambala, who charge-sheeted both the appellants under Sections 363, 366 and 344 IPC. Appellant Rakesh Kumar was also charge-sheeted under Section 376 I.P.C. The appellants pleaded not guilty to the charges and claimed trial.
(3.) THE prosecution examined PW-1, Dr. Veenu Arora, Medical Officer, PW-2 Udey Bhan, Draftsman, PW-3 Prem Singh, PW-4 Gurdev Singh, Sarpanch of the village, PW-5 Jagjit Singh, Head Master, PW-6 Dr. Ashok Sabharwal, PW-7 Khairdin, PW-8 Karma, complainant, PW-9, Brij Bhusan, PW-10, Sham Sunder, ASI, Investigator, PW-11, prosecutrix Laxmi @ Parveen and PW-12 Suraj Bhan, Sub Inspector, Investigator and closed the evidence.;