M.M.S.BEDI, J. - (1.) THIS order will dispose of two appeals bearing Crl. Appeal Nos. 388-SB and 305-SB of 1993 as these appeals arise from the same order of conviction dated August 5, 1993. The appellants were convicted for the following charges : Name U/s Sentence Satbir 363 IPC To undergo RI for a period of 3 years and to pay a fine of Rs. 50/- and in default of payment of fine to further undergo RI for a period of one month. 366 IPC To undergo RI for a period of 4 years and to pay a fine of Rs. 50/- and in default of payment of fine to further undergo RI for a period of two months. 376-G To undergo RI for a period of 5 years and to pay a fine of Rs. 100/- and in default of payment of fine to further undergo RI for a period of six months. 342/34 IPC To undergo RI for six months. 506/34 IPC To undergo RI for six months. Ram Kishan 376-G IPC To undergo RI for a period of 5 years and to pay a fine of Rs. 100/- and in default of payment of fine to further undergo RI for a period of six months. 342/34 IPC To undergo RI for six months. 506/34 IPC To undergo RI for six months. All the sentence were ordered to run concurrently. The machinery of the prosecution in this case was set into motion on the statement of PW6 Ram Kumar, who vide his written complainant Ex.W6/A addressed to S.H.O. Police Station Sadar, Jind, on September 6, 1992 stated that he had five children, two male and three females. Males were aged 17 and 15 years. Indro was aged 11 years, Santro 9 years and Geeta 6 years. On August 27, 1992 at about 4.00 p.m. his daughter Indro alongwith her younger sister Geeta had gone for a hair cut on Bhiwani Road, Railway crossing but did not return. He had made search for the missing girls with his relations but was unsuccessful. On making enquiries from people of mohalla, he came to learn that Satbir- appellant who was his neighbourer was also missing from his house. He suspected Satbir-appellant to have kidnapped the girls. As such, case under Sections 363, 366, 376, 506/34 IPC was registered. PW 10 SI Harish Kumar Dutta on September 8, 1992 went to the house of Satbir but he was not found present. Ram Kumar, complainant suggested that friend of Satbir could tell about whereabouts of the missing persons. Brother-in-law of Ram Kumar met the police party near Safaido Gate, Jind and informed that he had seen accused Satbir roaming at Railway station platform. The police party found Satbir sitting at the platform. He was detained and joined in investigation. On interrogation, Satbir made a disclosure statement Ex.PW 10/A admitting to have enticed Indro and Geeta and having taken them to his friend Ram Kishan in Panipat. The said statement was thumb marked by Satbir and attested by Ram Kumar and Ram Karan. Sequel to the said statement, he got recovered Indro and Geeta from the house of Ram Kishan accused at Panipat. Girls alongwith Satbir were brought to Jind where Indro was sent to Civil Hospital for medico-legal examination. After examination, doctor handed over two sealed parcels containing vaginal swabs and clothes of prosecutrix. Satbir was also got medico-legally examined. A sealed parcel containing underwear of the accused was handed by doctor to the Investigating Officer.
(2.) RAM Krishan was produced by Ram Lal and his wife. He was also got medico- legally examined. Sealed packets were sent to F.S.L. Madhuban for chemical examination. After completion of investigation, charge-sheet was produced in the Court for trial of the accused. Vide commitment order dated November 16, 1992, case against the appellants was sent to Sessions Judge, Jind for trial. After supplying him the report under Section 173(5) Cr.P.C. alongwith all documents and providing them separate legal aid, the appellant Satbir was charged under Sections 363, 366, 376-G, 342, 506 read with Section 34 IPC, whereas appellant Ram Kishan was charged under Sections 376(g), 342, 506 read with Section 34 IPC. Both the accused pleaded not guilty and claimed trial. Prosecution, in order to substantiate the charges levelled against the accused examined the following witnesses : PW1 Dr. G.P. Gupta, Radiologist and established the radiological age of Indro 15-16 years. PW2 Kuldip Kumar, draftsman to prove the site plan Ex.PB prepared by him on September 16, 1992 of the house of Ram Kishan near Railway Colony, Panipat. PW3 Dr. Dhan Kumar, to prove the medico legal report of Satbir to establish his capability of sexual inter-course. He also proved the medical report of Ram Kishan. PW4 ASI Varinder Singh, who proved FIR Ex.PW6/B. PW5 Dhanpati, wife of Ram Kumar. PW6 Ram Kumar, complainant. PW7 Kartar Singh PW8 Indro, the prosecutrix. PW9 Geeta, was produced in the Court but was not examined by Additional Sessions Judge, after being satisfied that she was not capable of undergoing cross-examination. PW10 Harish Kumar Dutta, SI. The investigating officer who proved the investigation. PW11 Dr. Abhey Kulshershtha, to prove the medical report of Indro.
(3.) ENTIRE incriminating material appearing against the accused were put to them. Satbir Singh stated that a few days before the alleged occurrence, he had a quarrel with Ram Kumar, father of the prosecutrix. As a sequel of same, he had been falsely implicated in the case. Ram Kishan stated that he was innocent having no connection with Satbir and pleaded false implication. The trial Court after appreciation of evidence in considering the prosecution held the appellants liable for conviction and sentenced the appellants as mentioned hereinabove.;