- (1.) THE present appeal has been filed by the appellant against the judgment of conviction 10.02.2010 and order of sentence dated 11.02.2010, passed by learned Sessions Judge, Faridabad, whereby he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of seven years under Section 376 IPC nad he was further convicted and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 5,000/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months under Section 363 IPC. Both the sentences were ordered to run concurrently.
(2.) THE brief facts of the prosecution case are that FIR in the present case Gulati Vineet has been registered on the statement of complainant Lal Bahadur, father of the prosecutrix, who mainly deposed that his daughter is aged about 11 years 7 months and her date of birth is 16.08.1998. On 14.09.2008 at about 6.30 A.M., accused Dinesh asked complainant to accompany him to see the site where he was working. Accused Dinesh used to reside on rent in his adjoining room. They started from their house. Then the accused told him that he was going to borrow a sum of Rs. .5000/ - from somebody. The complainant went to his job. His wife Renu informed him on telephone at 5.00 P.M. that prosecutrix was missing. She also told him that accused Dinesh and his wife were also not present in their room. The complainant came to the house and searched for his daughter but to no avail. Then, he moved application Ex.PC to the police, on the basis of which FIR was registered. On 19.10.2008, complainant, his wife and two police officials had gone in search of prosecutrix. When they reached at Sarai Khawaja Chowk, accused Dinesh was apprehended while he was catching hold hand of prosecutrix. Prosecutrix was medico legally examined and thereafter, handed over to the complainant. As per prosecution version, accused committed rape upon prosecutrix. Accused was arrested. After necessary investigation, challan was presented against accused -appellant Manjit Singh.
(3.) ON presentation of challan against accused -appellant, copies of challan and other documents were supplied to him under Section 207 Cr.P.C. Finding prima facie case, the accused -appellant was charge -sheeted under Sections 363 and 376 IPC, to which he pleaded not guilty and claimed trial. In support of its case, prosecution examined PW -1 prosecutrix, who deposed as per prosecution version. She further deposed that on 14.09.2008, at about 10 -11.00 A.M., the accused had enticed her away on the pretext that her parents were calling her as they had taken another room on rent and it was to be cleaned. Accused took her and her brother Manish aged 8 years in a truck. Geeta wife of the accused was also with them. Accused dropped her brother Manish at railway crossing Mewla Maharajpur and she was taken in the truck by the accused and his wife. She further deposed that accused took her to Ghaziabad. Accused committed rape with her in Ghaziabad and threatened her not to tell anything to her parents failing which he would kill her. She also stated that accused also raped her prior to 14.09.2008.;