A.N.JINDAL,J - (1.) CHALLENGE in this appeal is to the judgment dated 6.12.1999 passed by the learned Additional Sessions Judge, Faridabad, vide which the accused-appellant Sanjay @ Sanjoo (hereinafter referred to as 'the accused') was convicted under Sections 363/366/376 IPC and sentenced as under : U/s 363 IPC : To undergo rigorous imprisonment for three years and to pay fine of Rs. 200/-. U/s 366 IPC : To undergo rigorous imprisonment for five years and to pay fine of Rs. 500/-. U/s 376 IPC : To undergo rigorous imprisonment for ten years and to pay fine of Rs. 500/-.
(2.) HOWEVER , all the substantive sentences were ordered to run concurrently. Shorn of details, the story as unfolded by the prosecution is that on 17.9.1997, at about 6.00 PM, the prosecutrix (name not disclosed) daughter of Saraswati, aged about 14 years, had gone to fetch water but did not return. Consequently, on the statement of Saraswati, mother of the prosecutrix, a case under Sections 363/366 IPC was lodged at Police Station Majesar, Faridabad. Search continued and ultimately, on 24.9.1997, the prosecutrix was recovered from village Jabra, District Banke (Bihar) from the custody of the accused. Both, prosecutrix as well as the accused, were medico-legally examined. Statements of the witnesses were recorded and on completion of the investigation report under Section 173 Cr.P.C. was submitted in the Court.
(3.) CHARGES under Sections 363/366/376 IPC as framed against the accused were denied by him and he opted to contest the trial. During trial, the prosecution examined Dr. Mrs. Beena Sharma (PW1), Dr. S.K. Mittal Medical Officer (PW2), Prosecutrix (PW3), Saraswati (PW4), SI Sadhu Ram (PW5), Anoj Kumar Draftsman (PW6), Santosh Singh Assistant Block Education Officer (PW7), Lady Constable Santosh Kumari (PW8), Dinanath (PW9), Mahabir Singh (PW 10) and ASI Satbir Singh (PW 11).;