J.S.SEKHON,J - (1.) KRISHAN appellant was tried on charge for offences punishable under Sections 363, 366, 376, 302 and 201/34, Indian Penal Code by the Additional Sessions Judge, Rothak who vide his judgment dated 9.10.1991 found him guilty and convicted on the charge of rape and murder of Miss Ram Ratti punishable under Section 376/302, Indian Penal Code, while his co- accused Mahindra was acquitted of the charge for offence punishable under Section 201/34, Indian Penal Code. Krishan-appellant was sentenced to undergo 10 years rigorous imprisonment on first count and R.1 for life on the second count. Both the sentences were, however, ordered to run concurrently.
(2.) FEELING aggrieved by his conviction and sentence, the appellant has come up in appeal. In brief, the facts of the prosecution case are that Miss Ram Rati, hardly 15 years old, daughter of Om Parkash (PW-10) used to reside with her parents in village Baland. On 5th of March, 1990 at about 9.00 AM she alongwith her brother's wife Mst. Krishan (PW-4) and her brother Hans Raj had gone to their field known as "Bala Wala" field for harvesting their sarson crop. Mst. Krishna (PW-4) deputed Ms. Ram Rati for fetching water from the well located on the other side of the canal after getting earthen pitcher from "Doomwala" field. She failed to return about 45 minutes; upon which Hans Raj and Mst Krishna (PW-4) went to "Doomwala" field and found the pitcher lying there. Ms. Ram Rati, however, was not traceable. They also went to their house, but failed to locate her. Thereafter they started searching for her in the fields. During this interval, Om Parkash (PW-10), father of the deceased alongwith his cousin Bhai Ram while going towards the fields of the latter from the village at about 10.30 AM, saw Krishan accused moving about near the "Doomwala" field. Thereafter Om Parkash (PW-10) stated helping his brother Bhai Ram in sowing sugarcane, in the latter's field. Hans Raj and Mst. Krishna also contract them in the field and apprised them of the disappearance of Ms. Ram Rati. All these witnesses then waited for the return of Ram Rati till 12.30 P.M. Thereafter they started her search vigorously. Satbir Singh (PW-2) son of aforesaid Bhai Ram, on learning from Mst. Krishna (PW-4) about the disappearance of Ram Rati, went to Police Station, Kalanaura and lodged report Exhibit PD with ASI Ram Kumar regarding the missing of his cousin sister. The report was recorded at Sr. No. 25 in the Daily Diary Register of the Police Station. The ASI alerted all the neighbouring Police Stations on wireless regarding the missing of Ms. Ram Rati.
(3.) OM Parkash (PW-10), father of the deceased, however, continued her search and that of Krishan accused, but found him absconding from the village. He suspected Krishan accused having enticed away his daughter. On the next evening, Sub Inspector Hukam Singh (PW-13) on the basis of the report in the DDR, came to village Baland in order to recover Ms. Ram Rati. He met Om Parkash (PW-10) in the village and recorded his statement Exhibit PE. It was concluded at 4.30 PM and sent to the Police Station for registration of a case for offences punishable under Sections 363/366 Indian Penal Code against Krishan accused. On its basis, formal FIR Ex. PE/1 was recorded by the Police Station at 4.50 P.M. for the above referred offences against the accused by ASI Gurbachan Singh on 6.3.1990. A special report was conveyed to the Judicial Magistrate, Rohtak on the same evening at 8.15 P.M. through Constable Shri Ram.;