- (1.) Appellant-Raju @ Rajender Kumar @ Rajesh Gulati has directed the present criminal appeal against the judgment dated 31.07.2003 and order dated 02.08.2003 passed by Shri Kamal Kant, the then learned Additional Sessions Judge, Kurukshetra vide which accused-appellants stood convicted under Sections 366 and 376 of the Indian Penal Code (in short the IPC) and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of six months under Section 366 of the IPC and to further undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of six months under Section 376 of the IPC. However, both the sentences were ordered to run concurrently.
(2.) The facts of the prosecution case in brief is that on 11.03.1999 ASI Rajender Singh along with other police officials was present at Moti Chowk, Thanesar in connection with patrolling duty. Complainant Hari Krishan Sharma met him and produced a complaint wherein he has alleged that his daughter prosecutrix was about 13 years of age and was a student of government girls high School, Thanesar. She had gone in the market on 10.03.2009 at about 2.30p.m. but did not return back. He suspected complicity of Raju accused in kidnapping and abduction of his daughter. ASI Rajender Singh made an endorsement on the said complaint and sent the same to the police station for registration of the case. On the basis of which a case under Sections 363 and 366 of the IPC was registered. During investigation, one Vikram alias Vicky suffered disclosure statement that Raju had taken prosecutrix to Ambala Cantt in a bus on 10.03.1999 and Raju disclosed that he has enticed prosecutrix to compel her to marry and were proceeding Beasji. But, they could not be traced. Accused Raju could not be arrested and was declared proclaimed offence vide order dated 2.2.2001. Thereafter, investigating agency presented challan against accused Bal Kishan, Shanti Devi, Vikram alias Vicky and Suresh under Section 212 of the IPC. After trial, they were acquitted from the charges levelled against them vide judgment dated 13.11.2001.
(3.) Later on on 16.3.2002 accused-Raju @ Rajender Kumar @ Rajesh Gulati and prosecutrix were apprehended and were got medicolegally examined. After completion of formalities supplementary challan was presented in the court against accused Raju alias Rajender alias Rajesh for trial.;