JUDGEMENT
ANITA CHAUDHRY,J. -
(1.) The appellant was convicted in FIR No. 174 dated
05.07.2012 registered under Sections 363, 366-A, 376 IPC at Police Station SGM Nagar, Faridabad. He was sentenced to undergo 7 years
rigorous imprisonment under Section 376 IPC along with fine of L 5000/-.
In default of payment of fine to further undergo imprisonment for 2
months. He was also sentenced to undergo 5 years rigorous imprisonment
under Section 366 IPC along with fine of L 2000/-. In default of payment
of fine to further undergo 1 month imprisonment and to undergo 3 years
rigorous imprisonment under Section 363 IPC along with fine of L 1000/-
and in default of payment of fine to further undergo 1 month
imprisonment. All sentences were ordered to run concurrently.
(2.) A complaint was made by Arun. His 14 years old daughter did not return from school. His daughter was student of 8th class and had left for
school at about 7 a.m. She did not return. The family searched for her
but could not find her. The family had not reported the matter to the
police for the fear of humiliation. The complainant later came to know
that she might have been enticed by Bhajan, resident of West Bengal who
lived as a tenant in their house. Bhajan was also missing since then. His
mobile was switched off. Acting on this complaint, the police registered
the FIR under Sections 363, 366A IPC. Investigations were started. The
girl was recovered from the custody of the appellant after about 6
months. She was pregnant. The statement of the girl under Section 164
Cr.P.C. was recorded. Section 376 IPC was added later on. After
completion of the investigation challan was presented.
(3.) The prosecution examined 12 witnesses.;
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