- (1.) Vide this common judgment, I intend to dispose of two appeals bearing Criminal Appeal No. S-942-SB of 2010 titled as " Mamta versus State of Haryana" and Criminal Appeal No. S-1472-SB of 2010 titled as "Kusum @ Suman versus State of Haryana" as both these appeals have arisen out of the same judgment and order. For convenience, facts are being taken from Criminal Appeal No. S-942-SB of 2010. Appellants - Mamta and Kusum @ Suman have directed the present two appeals against the judgment dated 08.03.2010 and order dated 09.03.2010 passed by Shri V. P. Sirohi, learned Additional Sessions Judge, (FTC), Karnal vide which accused/appellants have been convicted under Sections 363/365/366-A and 368 of the Indian Penal Code ( in short - the IPC ) and sentenced them to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 2,000/- each and in default, to further undergo rigorous imprisonment for a period of one month under Section 363 of the IPC; to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 2,000/- each and in default, to further undergo rigorous imprisonment for a period of one month under Section 365 of the IPC ; to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 3,000/- each and in default, to further undergo rigorous imprisonment for a period of one and half months under Section 366-A of the IPC and to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 2,000/- each and in default to further undergo rigorous imprisonment for a period of one month under Section 368 of the IPC, whereas acquitted them from the charges levelled against them under Section 328 and 355 of the IPC. However, all the sentences were ordered to run concurrently.
(2.) The factual matrix of the prosecution case is that on 01.08.2008, Saini Dass-complainant met ASI Balbir Singh, Incharge, Police Post, Sector-6, Karnal near Sai Baba Temple turn, Sector-7, Karnal and got his statement recorded to the effect that he hails from Tarwara, Bihar and presently residing in Jhuggies at Green Belt, Sector-7, Karnal along with his family. He has two sons namely Sanjay and Santosh and three daughters namely Reena aged 14 years, Rinku aged 13 years and Pooja 2-1/2 years. On 29.07.2008, he left his jhuggi on cycle rickshaw and his wife also left for her routine job. When he returned home for lunch, his daughter-in-law Jai Mala told that about 11:30 a.m, one unknown lady came to their Jhuggi in a cycle rickshaw and stated that she is to serve food to the children near Gurudwara, Sector-7, Karnal. The said lady also called Rubi daughter of Tilak Paswan from the nearby Jhuggi. Thereafter, Rubi asked Rinku and Pooja daughters of the complainant to accompany them. The said lady enticed his both daughters and Rubi and took them away on the pretext of serving them food. He waited for the girls till evening but they did not return home. He searched for them at several places but no clue was found. His daughter-in-law had seen the said lady and she can identify the accused if she be brought before her.
(3.) On the basis of the statement made, ruqa was sent to the Police Station through Constable Surinder Kumar and a case under Section 363 IPC was registered at Police Station, Civil Lines, Karnal. Investigation commenced. Statements of the witnesses under Section 161 of the Code of Criminal Procedure were recorded. During investigation of the case, on 02.08.2008, Inspector Alok Singh SHO, Police Station Jahangirabad (UP) informed on telephone that the kidnapped girls have been recovered and the lady who kidnapped them has also been arrested. On the said information, police party headed by ASI Sube Singh went to Police Station, Jahangirabad (UP) and brought the kidnapped girls and the accused to Police Station, Civil Lines, Karnal. The statements of Rinku d/o Saini Dass and Rubi d/o Tilak Paswan under Section 164 Cr.P.C were also recorded by Shri Viayant Sehgal, Judicial Magistrate Ist Class, Karnal. Rinku d/o Saini Dass disclosed that a woman named Kusum had come to their house and had asked them to accompany her as she possess a lot of marbles. They had gone with her in a rickshaw and tempo to her house in Model Town, Karnal. She had administered them some medicine. She had taken the children to Panipat in the evening from where they went Bulandshehar by train, where they remained for 2-3 days. She used to take them to a forest where she used to get dirty things done from them. She used to ask them to remove their clothes in the presence of the boys and were forced to dance naked. They had managed to escape by jumping over a wall. Their cries for help attracted the attention of the crowd. A woman saved them and gave them food. Kusum never gave them food and she used to threaten to sell them. She had collected a number of girls for selling them. The villagers had called the police who brought them back home. Rubi also disclosed that she has been induced to accompany the lady (Aunti) as she told her that she had a lot of marbles. Pooja and Rinku had also accompanied her. She threatened to sell them. Aunti had inquired about the money for sale of two girls for which Kusum demanded Rs. 1,00,000/-. They managed to escape but some one called the police. Kusum asked them that both the girls would be killed. On the basis of the statements made by Rubi and Rinku, the offences under Section 366-A and 368 Indian Penal Code were added.;