RAM KUMAR Vs. STATE

JUDGEMENT

(1.) ON 2.12.2011, the complainant ­ Vansraj came to the police station Bhalaswa Dairy and lodged a complaint, stating therein that his daughter aged about 12 years had left the house for going to school at about 6 am on that day. When he went to the school at about 9 am to inquire about her, he was informed by her teacher that she had not come to the school. He expressed suspicion that the appellant ­ Ram Kumar (Jhule Wala) @ Shyam aged about 40 years had induced his daughter and taken her to an unknown place. The appellant Ram Kumar had earlier been the tenant of the complainant. The aforesaid information was recorded vide DD No.21A which led to registration of an FIR no.201/2011 under Section 363 of IPC. The case of the prosecution is that the prosecutrix was found at Jahangir Puri Metro Station on 24.5.2012. After medical examination of the prosecutrix, she was produced before the Magistrate where her statement under Section 164 of the Code of Criminal Procedure was recorded. In the aforesaid statement, she stated that on 2.12.2011 at about 4. -5 am, she had run away from the house, since she wanted to live with the appellant whom she loved. She met the appellant, who was waiting quite away from the house for her and thereafter both of them went to Gurgaon where she started residing in the accommodation provided to the appellant by the employer. She also stated that she had physical relations of husband and wife with the appellant, though she had not married him. She also expressed desire to continue to live with the appellant.

(2.) SINCE the prosecutrix was only about 12 years old at the time she left the house, the appellant was prosecuted and charged under Section 363/376 of IPC.

(3.) PW 9 Mrs. Jyoti is the teacher in Govt. Girls Senior Secondary School, Adrash Nagar no.1, Delhi. In her deposition in the court, she produced the documents related to admission of the prosecutrix in the aforesaid school. The said documents are Ex.PW9/A to PW9/D. She also stated that as per record of the school, her date of birth is 23.8.1999.