R.S.MADAN, J. - (1.) THE learned Addl. Sessions Judge, Fast Track Court, Gurgaon convicted the appellant as under : 1) U/s 363 IPC : To undergo rigorous imprisonment for three years with fine of Rs. 300/- and in default of payment of fine to further undergo rigorous imprisonment for two months.
(2.) ) U/s 366 IPC : To undergo rigorous imprisonment for five years with fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for three months. ) U/s 376 IPC : To undergo rigorous imprisonment for seven years with fine of Rs. 1000/- and in default of payment of fine to further undergo rigorous imprisonment for six months. All the sentences shall run concurrently. 2. In brief, the case of the prosecution is that on 19-2-2003 ASI-Attar Singh along with other police officials was present at Mehrauli Road near Palm Court where Har Prashad-complainant met him and presented a complaint alleging therein that he was residing in Sector 17, in front of DAV School in the house of Teetu Sardar. He further reported that on 13-9-2003 at about 1.30 P.M., his daughter Ladli aged 15 years went to house No. 386, Sector 14 for doing a job of domestic help. Ajay son of the complainant, who was with Ladli on his returning to the house told that Rakesh-accused residing in the same locality had taken away his sister Ladli forcibly by enticing her. The complainant searched for Ladli here and there but did not succeed. A formal FIR was recorded by ASI-Tulsi Ram on 19-9-2003. A special report to Illaqa Magistrate and other senior officers was sent through Constable Jagdish. The Investigating Officer went to the spot, prepared the rough site plan and completed the various formalities. 3. It was on 4-10-2003, ASI-Attar Singh was present at MDI Chowk, Gurgaon at about 9.30 A.M. along with other police officials, when he received secret information that accused-Rakesh and Ladli prosecutrix were present at IFFCO Chowk, Gurgaon. The Investigating Officer immediately proceeded towards IFFCO Chowk, Gurgaon and apprehended both accused-Rakesh as well as prosecutrix The complainant, who was also present with the police party identified accused- Rakesh and his daughter Ladli. Both of them were sent to doctor for medico- legal examination. During the investigation, statement of the prosecutrix was got recorded under Section 164 Cr.P.C. by producing her before Mr. Sudhir Parmar, Judicial Magistrate, 1st Class, Gurgaon on 6-10-2003. Ajay was also examined under Section 164 Cr.P.C. by the Judicial Magistrate, 1st Class, Gurgaon on 15-10-2003. After getting the scaled site plan prepared by Manoj Kumar-Draftsman and completing the necessary formalities of investigation, challan against the accused was presented in the Court.
(3.) ON appearance of the accused before the Court of Addl. Sessions Judge and on perusal of the report under Section 173 Cr.P.C. a prima facie case under Sections 363/366/376 of IPC was made out against the accused and he was charged thereunder, this was read over and explained to the accused in simple Hindi, to which he pleaded not guilty and claimed trial.;