Kanwaljit Singh Ahluwalia, J. - (1.) THE present appeal has been filed by Shyam Singh alias Kala, who has been convicted by the Court of Sessions Judge, Karnal, vide its judgment dated 2.8.2002, for the offence under Sections 376, 363 and 366 IPC and vide a separate order dated 3.8.2002, sentenced him as under:
(2.) THE present appeal is directed against the conviction and sentence pronounced by the trial Court. The Appellant was prosecuted in case FIR No. 249 dated 28.7.2001, registered at Police Station Sadar Karnal, under Sections 363, 366 and 376 IPC. It has come in the FIR, lodged by father of the Prosecutrix (name is withheld to protect her identity) that she as aged 17 1/2 years and the accused had also proved Matriculation Certificate of the Prosecutrix Ex. DA, wherein her date of birth is recorded as 5.1.1984 and on the day, she left her house with the Appellant i.e. on 26.7.2001, she was aged 17 years 6 months and 21 days. It was also a case of the Prosecutrix that she had accompanied the accused on promise of marriage and she stayed with him at Manimajra, Chandigarh, for about five days with a family, which was known to him. Having noticed the broad features of this case, it will be necessary to notice facts of the case. P.W. 5 Raj Pal got recorded his statement Ex. PH to P.W. 10 Satpal, Sub Inspector/Incharge, Police Post Jundla, stating that he was a resident of village Hemda and was employed in the State Electricity Board. He has three sons and three daughters. His daughter (Prosecutrix) was younger than two sons and one daughter. She has passed 10th class and was aged about 17 1/2 years. It was further stated that Shyam Singh alias Kala son of Jaila Ram, caste Balmiki, resident of Chaura, Police Station Gharaunda, was employed by Ranjit Singh son of Ratti Ram, caste Balmiki, from the last two years and was residing in the village of the complainant. The house of Ranjit Singh was opposite to the house of complainant, due to which Shyam Singh alias Kala used to visit his house. On 26.7.2001 at about 2.00 P.M., the Prosecutrix had left her house without disclosing anything to her parents. On inquiry, it was found that the Prosecutrix had been enticed away by accused Shyam Singh son of Jaila Ram, caste Balmiki, resident of Chaura, on the pretext of performing marriage with her. The complainant and his family members searched for the girl here and there but they could not trace her out. Therefore, they had gone to lodge the report. Shyam Singh was aged about 26/27 years. A perusal of the complaint Ex. PH, on the basis of which formal FIR Ex. PH/1 was registered, reveals that the Prosecutrix was 17 1/2 years of age as on 26.7.2001. To be precise, as per matriculation certificate Ex. DA, she was aged 17 years, 6 months and 21 days. The Prosecutrix had left her house on 26.7.2001. Thereafter, the Prosecutrix was recovered by the police from the custody of accused on 1.8.2001. She, after getting her medicolegal examination conducted, was handed over to her parents.
(3.) THE aforesaid FIR was investigated. The report under Section 173 Code of Criminal Procedure was submitted and thereafter on 29.10.2001, the Appellant was charged for the offence under Sections 376, 363 and 366 IPC on the ground that on 26.7.2001 at about 2.00 P.M., in the area of village Hemda, the Appellant had committed rape with the Prosecutrix, who was less than 18 years of age and thus, committed an offence under Section 376 IPC. The Appellant pleaded not guilty and claimed trial.;