- (1.) The present appeal has been filed against the judgment and order dated 11/12.11.2009, passed by the learned Sessions Judge, Fatehabad, whereby the appellants-accused were convicted and sentenced as under: All the sentences were ordered to run currently. The facts necessary for adjudication of the matter stand reflected in para No. 1 of the judgment, which area reproduced as under:- The prosecution case is that on 16.2.2009, in the area of village Samain, both the accused had kidnapped the prosecutrix, statedly a minor, from her school, without the consent of her parents and accused Prem had attempted to commit rape upon the prosecutrix, and had also threatened her of dire consequences.
(2.) After completion of the formalities, report under Section 173 Cr.P.C. was filed in the court. The accused appellants were charged under Sections 363, 376, 511, 506, 34 of IPC, to which, they did not plead guilty and claimed trial.
(3.) In order to substantiate the charge, the prosecution has examined as many as thirteen witnesses, which are as under: PW 1 Hoshiar Singh, the complainant, father of the prosecutrix, who has made a written complaint, on the basis of which the FIR was lodged. PW 2 Prosecutrix (name withheld PW 3 HC Mahabir Singh, attested the disclosure statements of accused Prem and Kalu i.e. Ex. P4 and P5 respectively; he also attested recovery memo Ex. P7, driving licence of accused Prem Singh. PW 4 Dr. Asha Butani, proved the MLR Ex. P3 of the prosecutrix. PW 5 HC Rajbir Singh, proved Ex. P14 Special report which was delivered to Illaqa Magistrate. PW 6 SI Subhash Chander, initially investigated the matter and visited the place of occurrence, prepared the rough site plan Ex. P16; recorded the statements of witnesses; took the prosecutrix to the Civil Hospital, Tohana for medico legal examination. PW 7 Inspector/SHO Hawa Singh, who prepared report under Section 173 Cr.P.C. PW 8 HC Dilbag Singh, proved Ex. P14 formal FIR, which was recorded on the basis of ruqa Ex. P1. He tendered in evidence his affidavit Ex. P18. PW 9 ASI Bahadur Singh, apprehended the accused; recovery memo Ex. P19, vide which the car was taken into possession; Parcels were taken into possession vide recovery memo Ex. P9. PW 10 Balwant Singh, Draftsman, proved the scaled site plan Ex. P21. PW 11 Dr. Hanuman Singh, proved the MLRs of both the accused and opined that nothing to suggest that the accused are not capable to sexual intercourse. PW 12 Constable Sajjan, who carried the case property to the FSL Mandhuban. PW 13 Suresh Kumar, Teacher, proved the Ex. P26 certified copy of register wherein the date of birth of the prosecutrix was mentioned.;