INDERJIT SINGH, J. - (1.) JAFAR alias Bhola -appellant has filed this appeal challenging the impugned judgment of conviction and order of sentence dated 25.4.2000 passed by learned Additional Sessions Judge, Faridabad, whereby the appellant has been held guilty and convicted for the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code (hereinafter referred to as 'IPC'). He has been sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.500/ - for the offence under Section 363 IPC. He has also been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,000/ - for the offence under Section 366 IPC. He has also been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1,000/ - and in default of payment of fine to further undergo additional rigorous imprisonment for six months for the offence under Section 376 IPC. All the above sentences have been ordered to run concurrently.
(2.) THE brief facts of the prosecution case are that the FIR in the present case has been registered on the statement of Tej Pal -maternal uncle of the prosecutrix. In the statement Ex.PA, he stated that the prosecutrix aged 15/16 years had gone to ease herself in the night of 16.12.1998, but did not return. Search was made, but in vain. After some days, he came to know that accused Bhola had enticed the prosecutrix. During the course of investigation, the prosecutrix was recovered and her statement was recorded under Section 164 Cr.P.C. The accused was also arrested and got medically examined. Statements of witnesses were recorded. After necessary investigation, challan was presented. On presentation of challan, the trial Court finding prima facie case against the accused, namely, Sakin alias Shamim, Faiz Mohamad and Jafar alias Bhola, framed charges for the offences punishable under Sections 363, 366, 376 and 120 -B IPC against the above accused, to which they pleaded not guilty and claimed trial.
(3.) IN support of its case, the prosecution examined PW -1 Sukhvinder Singh, SI/SHO, who mainly deposed that on 28.12.1998, he was posted as SI/SHO, Police Station Sadar Palwal. On that day, Tej Pal gave an application Ex.PA, on the basis of which formal FIR Ex.PA/1 was recorded. PW -2 Savita, Lady Constable mainly deposed that on 1.1.1999, she took the prosecutrix to the doctor at the asking of the SHO and she got the prosecutrix medically examined from the doctor. PW -3 Kesho Ram, Head Constable mainly deposed regarding the arrest of accused Jafar alias Bhola and he was got medically examined from General Hospital, Palwal. PW -4 Dr. Jagmohan Mittal, Medical Officer, General Hospital, Palwal deposed that Jafar alias Bhola was medico -legally examined by him and nothing was found to suggest that the person examined was incapable of performing sexual intercourse. He proved his report Ex.PD. PW -5 Dr. Meenu Kapoor, Medical Officer, B.K. Hospital, Faridabad deposed that on 1.1.1999, she medico -legally examined the prosecutrix. She was a young girl approximately of 16 years of age. They referred her to X -ray and dental for age verification accompanied by her mother. On local examination, hymen was torn with irregular and healed margins. In her opinion, possibility of sexual intercourse cannot be ruled out. She proved MLR Ex.PB and Police request Ex.PE/1. As per FSL report Ex.PF, semen could not be detected on any of the exhibits. PW -6 Dr. S.P. Jayant, Radiologist, B.K. Hospital, Faridabad mainly deposed that he radiologically examined the prosecutrix on 2.1.1999 and her age was around 17 years. PW -7 Tej Pal -complainant deposed that on 16.12.1998, the prosecutrix, who is his sister's daughter, was residing with him. On that day, while she was standing in front of the house, two or three children were playing nearby her. In the meantime, those children informed that the prosecutrix had been kidnapped by some person in a vehicle. Thereafter, they made search but in vain. Thereafter, he came to know that one Hanooman had enticed her in a vehicle Tata 407.;