KIRAN ANAND LALL, J. - (1.) THIS appeal is directed against the judgment/order dated November 23/26, 1990 convicting the appellant under Sections 363, 366 and 376 IPC and sentencing him as under :- Offence Sentence Fine 1. 363 IPC R.I. for two years Rs. 500/- 2. 366 IPC R.I. for three years Rs. 500/- ID RI six months 3. 376 IPC R.I. for seven years Rs. 1000/- ID RI six months
(2.) THE prosecution case is that on 19.5.1989, Des Raj, father of Meena Kumari prosecutrix, lodged report Ex. PR with the police, stating therein that his family, consisting of two sons and five daughters, was living at Ismailabad, while he was posted as Adda Conductor at Bus Stand, Chandigarh. Out of his seven children, Meena prosecutrix, aged 13/13-1/2, was younger to his other two daughters, Babita and Asha. She was a student of 8th Standard of Government High School. On 17.5.1989, his brother Balwant came to him at Chandigarh and informed that his (of Des Raj) daughter, Meena, had been enticed away by the appellant who runs a tailor's shop under the name and style of Bombay Tailor, on that day, at about 10.00 A.M., during recess hours of the school. On this, he along with his brother reached Ismailabad and made enquiries from his family members, neighbours and relations. However, as he failed to get any information regarding the whereabouts of Meena, he, ultimately, went to the Police Station and lodged a report on the basis of which this case was registered vide FIR, Ex. PR. On 26.5.1989, police recovered Meena from the custody of the appellant in the area of Shanti Nagar and arrested the latter. During investigation, it was found that the appellant had enticed away Meena on 17.5.1989, at 10.35 A.M., kept her at Pipli, Karnal and village Darar up to 26.5.1989, and committed rape on her, several times, during this period. The appellant and the prosecutrix were medically examined by Dr. S.C. Kalra PW1 and Dr. Mrs. Raksha Kalra PW2 respectively, at Primary Health Centre, Jhansa, on 26.5.1989. On 29.5.1989, the prosecutrix was radiologically examined also, by Dr. B. Ailabadi P.W. 3 in L.N.J.P. Hospital, Kurukshetra. Her birth certificate was obtained from the office of Registrar, Birth and Death (Chief Medical Officer), and so was the certificate about her date of birth from the records of Government High School, of which she was a student. As per the date of birth recorded in these certificates and also as per the report of her occification test, her age was found to be less than 16 years.
(3.) ON completion of investigation, challan was put in against the appellant in the Court of learned Judicial Magistrate who committed the case to the Court of Sessions.;