Rekha Mittal, J. - (1.) THE present appeal has been directed against the judgment of conviction and order of sentence dated 15.09.2009 passed by the Sessions Judge, Gurgaon whereby the appellant has been convicted and sentenced for commission of offence punishable under Sections 363, 366 A, 376 of the Indian Penal Code (in short 'IPC'), extracted hereinbelow: All the sentences were ordered to be run concurrently.
(2.) THE facts relevant for disposal of the present appeal are that on 11.07.2008, Pehlad Singh (complainant) moved an application (Ex. PA) before SHO, Police Station Manesar that his niece (name kept secret), aged 14 years, studying in 10th standard had gone to her school in village Bhgrola on 05.07.2008 at 7 A.M. but did not return till evening. He came to know that Heera, a driver by profession and residing as tenant in village Bas Khusla had enticed her. He was searching for the girl at his own level but could not succeed. Ved Pal son of Dilaram is also involved in kidnapping of the victim. A case under Sections 363, 366 A and 120 B IPC read with Section 34 thereof was initially registered in Police Station Manesar, District Gurgaon. On 12.07.2008, the accused was arrested from old Delhi Railway Station along with the victim. The prosecutrix got recorded her statement that the accused on the pretext of dropping her in the school took her in a car to Delhi and then to U.P. and committed rape despite resistance. On 12.07.2008, he took her to Delhi Railway Station but the police arrested him and recovered her from his custody. On the basis of statement of the prosecutrix, offence under Sections 376 and 506 IPC was added. She was got medico legally examined and so also the accused.
(3.) ON completion of investigation, report under Section 173 Cr.P.C. was submitted before the Illaqa Magistrate for commencement of trial. However, Ved Pal son of Dilaram was found innocent.;