- (1.) This appeal is directed against the judgment of conviction dated 31.03.2012 and order of sentence dated 04.04.2012, passed by the Additional Sessions Judge, Panipat, vide which the accused/appellant Pawan Kumar, was convicted for the offence punishable under Sections 342, 363, 376 and 506 of the Indian Penal Code (hereinafter called as 'IPC') and sentenced him to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 10,000/- or in default of payment thereof, to further undergo RI for a period of one year under Section 363 IPC, RI for a period of seven years and to pay a fine of Rs. 10,000/- or in default of payment thereof, to further undergo RI for a period of one year under Section 376 IPC, RI for a period of one year and to pay a fine of Rs. 1000/- or in default of payment of fine to further undergo RI for one month under Section 342 of IPC and RI for a period of one year with fine of Rs. 1000/- and in default of payment of fine, to further undergo RI for one month under Section 506 IPC. All the sentences were ordered to run concurrently. The brief facts as set out in para No. 2 of the judgment of trial Court, is reproduced as under:- "On 29.09.2010, Sub Inspector Nahar Singh, along with Head Constable Vinod Kumar No. 595 and Lady Constable Sushma No. 211, was present at Hathwala turn, in connection with patrolling and crime detection duty, when complainant Shugan Chand met SI Nahar Singh and moved application to the effect that he was having two children, eldest of whom was Manisha, aged 15 years, followed by son Manish aged 13 years. His daughter Manisha used to study in 10th standard in Government school in the village, whom he had pulled out of the school about one month ago as Pawan Kumar @ Pappu son of Bishan Singh, of his village used to keep a bad eye upon her. His daughter Manisha had disclosed this fact to him, regarding which he had also talked with parents of Pawan Kumar, but they did not pay any heed. On 28.09.2010, at about 11.30 AM, his daughter Manisha had left home to dispose of garbage in an open plot, but did not return. They searched for Manisha at various places but could not find her. It was alleged that aforesaid Pawan Kumar @ Pappu had enticed away his daughter, with intention to marry her. It was prayed for recovering Manisha and taking legal action against Pawan Kumar @ Pappu. From the application, a case under Section 363/366 IPC was found to be made out. FIR was got registered after sending tehrir through HC Vinod Kumar. Sub Inspector started the investigation. During investigation, on 29.09.2010, Sub Inspector Nahar Singh recovered prosecutrix Manisha from Bus Stand, Samalkha and got conducted her medico-legal examination from General Hospital, Panipat. Thereafter, parcel containing clothes of prosecutrix, swabs and slides was taken into possession vide separate recovery memo and statement of prosecutrix was got recorded by the Magistrate under Section 164 Cr.P.C. On the demarcation of the prosecutrix, rough site plan of the place of occurrence, where accused Pawan Kumar had allegedly committed rape upon her, was prepared and prosecutrix was handed over to her parents. On 30.09.2010, Sub Inspector Nahar Singh arrested accused Pawan Kumar from Hathwala turn and got conducted his medico-legal examination from CHC, Samalkha. Thereafter, parcel containing underwear of accused was taken into possession vide separate recovery memo and scaled site plan of the place of occurrence was got prepared. On the same day, on the demarcation of accused Pawan Kumar, memo of demarcation of the place of occurrence was prepared and accused was produced before the Court. After the conclusion of investigation, challan against the accused was presented in the Court." On commitment, the accused was charge sheeted under Sections 363, 366-A, 342, 376 and 506 IPC, to which the accused/appellant pleaded not guilty and claimed trial.
(2.) In support of the case of prosecution, it examined PW-1 EHC Jagbir Singh; PW-2 Head Constable Kaptan Singh; PW 3 Complainant Shugan Chand; PW 4 Prosecutrix; PW 5 Deepak Garg; PW 6 SI Dalel Singh; PW 7 Inspector Subhash Chander; PW 8 EHC Krishan Kumar; PW 9 Dr. Shashi Lata; PW 10 Retired Sub Inspector Nahar Singh; PW 11 Dr. Pankaj Batar and PW 12 EASI Naresh Kumar.
(3.) PW-1 EHC Jagbir Singh, prepared the scaled site plan Ex. P1 of the place of occurrence.;