Paramjeet Singh, J. - (1.) THE genesis of factual matrix lies in alleged run away marriage between appellant and prosecutrix (name withheld) which ended up in registration of an FIR under Sections 363, 366 and 376 of the Indian Penal Code (in short 'IPC'), at Police Station Civil Lines, Hisar. The appellant was tried by learned Additional Sessions Judge, Hisar for the aforesaid offences and ultimately trial ended in conviction and sentence of the appellant vide judgment of conviction dated 13.02.2003 and order of sentence dated 15.02.2003, respectively, for committing the offences of compelling for marriage and rape. Rape is universally considered as moral and physical reprehensible crime in the society. It is an assault on the body, mind, privacy and entire fabric of the prosecutrix. Rape is a crime of violence and violation of privacy. It is often said that a woman who is raped, undergoes two crisis i.e. the rape and the subsequent trial in Court. Vulnerable and feeble victim of rape is humiliated and her dignity is shredded by the society. Because of the societal stigma attached to the crime, many a times such crime would go unreported by the victim in order to escape the repercussions. Instant case is also one of such cases wherein appellant has been convicted and sentenced as under:
(2.) ALL the sentences have been ordered to run concurrently. The factual matrix on which the prosecution version is found is to the effect that on 04.05.2002, when Sub Inspector Ramesh Kumar along with police officials was present at Dabra Chowk, Hisar, complainant -Sher Singh, father of prosecutrix, met him and moved application Ex.PE to the effect that his daughter, aged about 13 years, used to work in a Kothi of Sector -13, Hisar. On 28.04.2002, at about 7.00 A.M, his daughter went to that Kothi for work, but did not return. He has a suspicion that Anil son of Satbir, who is brother -in -law of prosecutrix in relation and doing the work of white -washing and used to visit their house, has taken his daughter on the pretext of marriage. On this application, endorsement Ex.PE/1 was made and FIR Ex.PE/2 was recorded by Sub Inspector Hukam Chand under Sections 363 and 366 'IPC'. On 06.05.2002, Kashmira and Satbir produced Anil and prosecutrix before the investigating officer. Anil was arrested and prosecutrix was sent for medico -legal examination, vide application Ex.PM. The prosecutrix opposed ossification test by saying that she was aged 18 years, however, she was found to be between 15 1/2 to 17 years of age after the X -ray/examination report and then she was medico - legally examined by the doctor. The doctor after examination handed over clothes, bottle of swabs to the police officials. The appellant - accused -Anil was also got medico -legally examined, vide report Ex.PG. The underwear of accused -Anil was also taken into possession and handed over to the police officials. Statements of witnesses were recorded. Site plan was prepared. After completion of investigation, challan was presented under Sections 363, 366 and 376 of 'IPC' in the Court of Chief Judicial Magistrate, who vide order dated 02.07.2002, committed the case to the Court of Session. Thereafter, the case was entrusted to learned Additional Sessions Judge, who framed charges under Sections 366 and 376 of 'IPC', to which the accused -appellant did not plead guilty and claimed trial.
(3.) TO prove its case, prosecution examined PW 1 Dr. R.P.Singal, PW 2 Dr. Suman Menon, PW 3 Kavita, PW 4 Sher Singh -complainant, PW 5 Salochna, PW 6 Dr. Bhoop Singh, PW 7 MHC Shiv Kumar, PW 8 Constable Surinder Singh, PW 9 Subhash Chander, draftsman and PW 10 Ramesh Kumar Thakral, investigating officer. In documentary evidence, the prosecution relied upon Ex.PA report of Dr. R.P.Singal, Ex.PA/1 to Ex.PA/3 X -ray films, Ex.PB application moved by the police for obtaining age certificate, Ex.PC carbon copy of police request, Ex.PD MLR, Ex.PE application moved by Sher Singh -complainant, Ex.PE/1 Endst. on Ex.PE, Ex.PE/2 F.I.R, Ex.PF memo of recovery of girl, Ex.PG MLR of accused, Ex.PH police request for MLR of accused, Ex.PI affidavit of MHC Shiv Kumar, Ex.PJ affidavit of Constable Suresh Kumar, Ex.PK scaled site plan, Ex.PL notice of arrest, Ex.PM application for medical, Ex.PN recovery memo of clothes, Ex.PO recovery memo of underwear, Ex.PP rough site plan, Ex.PQ FSL report.;