JUDGMENT :

Sanjay Vashisth, J.

By way of this common judgment, appeals filed by two convicts, namely, Virender s/o Bharat Singh (CRA-D-7-2022) and Darshan s/o Ramphal (CRA-D-8-2022) are being decided which have been filed after they were held guilty by the Court of learned Additional Sessions Judge, Fast Track Special Court, Protection of Children from Sexual Offences, Jind. The offences under which the appellants have been convicted and the period of sentence awarded is as under:

2. On account of the missing daughter of the complainant-Surender Jain one FIR No. 484 dated 04.09.2018, under Sections 363 and 366-A of Indian Penal Code, 1860 (for short, 'IPC') was registered at Police Station City Jind, District Jind with the allegations that daughter of the complainant (hereinafter referred to as 'victim'), aged 13 years, studying in 9th class and of the height of 5' feet and having fair complexion, wearing Black Pant and Blue Shirt and also having hair style like boys is missing since 03.09.2018, 5:00 p.m. He apprehended that someone had kidnapped his daughter and she be traced out. FIR was registered at about 01:02 hrs on 04.09.2018 (the intervening night of 03.09.2018 and 04.09.2018).

As a pursuit of the police action, victim is shown to be recovered from Hindua Railway Station, Rajasthan at the instance of ASI Yashbir in the presence of L/C Monika on 04.09.2018 itself. Thereupon, on moving an application by SI Kamlesh Devi on 05.09.2018 statement of the victim was recorded by Judicial Magistrate First Class, Jind, under Section 164 Cr.P.C. in which she stated as under:

'Mxxxx daughter of Surender Jain, Age-13 years, resident of Sunder Nagar, Jind

I asked the police officials to leave the room so that she can make her statement without any pressure. I asked her the following questions:

Q1 In which class do you study?

Ans. I study in 9th Class at Apex High School..

Q2. Are you pressurized by someone?

Ans No.

Q3. I am satisfied that she voluntarily wishes to give her statement. Therefore I Proceed to record it as follows:-

My heart had gone astray. I went to Delhi at my own will day before yesterday evening. Now I want to live with my family members. I met Virender in Delhi. I was living in the house of his namely Naresh. Then I went to Rajasthan with Virender. From there the police apprehended me. Now I want to live with my parents.

3. On the same day i.e. 05.09.2018 at 5:20 p.m. victim was medico legally examined by Dr. Jyoti and there also on being told by the victim, the previous history was recorded and same is reproduced herebelow:

'As per history told by herself in 2017 nearly May/June a person named Darshan Saini Electrician by occupation came to her house and they went to field where he did sexual intercourse with her. After that within 2-3 months 2-3 intercourse occur between them. He blackmailed her that he is having a video recording of their sexual intercourse and if she will not come when he call her, he will viral the video.

She is wearing a blue colour top and black coloured jeans at the time of examination.

On physical examination-No any mark of injury (externally) seen over face, limbs, back, abdomen.

Secondary sexual character are well built.

On local Examination -Hymen rupture at 5 'O clock position. Healed. No congestion redness present over labia majora, minora, fubic.'

On 05.09.2018 itself at 5:08 p.m. another statement of the victim was recorded before Child Welfare Committee in the presence of bua, namely, Saroj and Brother namely Vikas. There is a footnote to the effect that the 'parents/ mother of the