SHAM SUNDER, J. - (1.) This appeal is directed against the judgment of conviction dated 14.3.1995, and the order of sentence dated 15.3.1995, rendered by the Court of Addl. Sessions Judge, Jagadhri, vide which it convicted the accused (now appellant), and sentenced him as under : Name of the accused (now appellant) Offence for which convicted Sentence Awarded Jarnail Singh 376(g) IPC RI for 10 years, and to pay a fine of Rs. 200/-, in default of payment of fine, to undergo another RI for 3 months. 366 IPC RI for 7 years, and to pay a fine of Rs. 150/-, in default of payment of fine, to undergo another RI for 3 months. 120-B IPC RI for 7 years, and to pay a a fine of Rs. 150/-, in default of payment of fine, to undergo another RI for 3 months. However, all the substantive sentences, were ordered to run concurrently. Nanu, co-accused, was, however, declared proclaimed offender.
(2.) THE facts, in brief, are that Jagdish Chander, father of the prosecutrix, and the complainant, is a resident of Village Jathlana, and is a labourer. He has got two daughters, and three sons. His elder daughter (the prosecutrix), was aged about 16 years, at the relevant time. On 25.3.1993, as usual, Jagdish Chander went to sleep, in his drawing room, at about 10.00 PM. His wife Savitri Devi, alongwith the prosecutrix, and other children, went to sleep in the house. On 26.3.1993, at about 6.00 AM, his wife told him, that the prosecutrix was missing, from the house, on the night intervening 25/26.3.1993. Jarnail Singh, accused, was also found missing. The complainant expressed his suspicion, against Jarnail Singh, accused. He made a complaint, when the prosecutrix could not be traced, on the basis whereof, the FIR was registered. On 29.3.1993, the prosecutrix was recovered, from the custody of the accused, from the house of Shashi Bhan. She was brought back. The accused was arrested. The prosecutrix, and the accused were got medico-legally examined. The statement of the prosecutrix, under Section 164 Cr.P.C., was also recorded by the Court of Judicial Magistrate, Jagadhri. After the completion of investigation, the accused were challaned. 3A. On his appearance, in the Court of the Committing Magistrate, the copies of documents, relied upon by the prosecution, were supplied to the accused. After the case was received by commitment, in the Court of Sessions, charge under Sections 376, 366 and 120-B IPC, was framed against the accused, to which he pleaded not guilty and claimed trial.
(3.) THE prosecution, in support of its case, examined Dr. Kanta Dhankar (PW-1), Dr. Satnam Singh (PW-2), Moti Ram (PW-3), Satpal (PW-4), Tara Chand (PW-5), the prosecutrix (PW-6), O.P.Verma, JMIC, (PW-7), Jagdish Chander, father of the prosecutrix, (PW-8), and Sadhu Ram, SI (PW-9). Thereafter, the Addl. Public Prosecutor, for the State, closed the prosecution evidence.;