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FIR in the present case was lodged on the statement Ex.PB made by Raghbir Singh, father of the prosecutrix (As per the orders of Hon'ble the Apex Court, name of prosecutrix is withheld to protect her identity). Raghbir Singh made his statement on 21.7.1994 at Prithi Chowk, Panipat at 4.05 P.M. He met Dharampal, Assistant Sub Inspector of Police Station Model Town, Panipat, on the way to the Police Station. Complainant Raghbir Singh was originally resident of village Vichpari. He got a son named Kuldeep Kumar and daughter aged 13/14 years. His wife had expired in the year 1982. His daughter was having a limp in her right foot as she was affected by Polio. She was under medical treatment at Panipat. The complainant had taken a room on rent in the house of an Army man adjacent to Food Corporation of India's godown. Room was occupied in the month of May. The complainant was carrying on work of bicycles repair at the back side of Criminal Appeal No. 2021-SB of 2002 the room taken on rent. On 5.7.1994, son of the complainant's sister fell sick and he along with his son came to Model Town, Panipat, to see his sister's ailing son. When he returned home in the evening at about 5.30 P.M., he found that his daughter was missing. The inquires made to reveal that his daughter had gone to take medicines. The daughter of the complainant had not returned till 9.7.1994. The complainant made a report in the Daily Diary Register regarding the fact that his daughter was missing. On 20.7.1994, complainant learnt that his daughter was seen at the Kiosk of Satyawan, resident of village Binjhol. Thereafter, she stayed in the house of accused Raja in village Binjhol for three/four days. The secret inquiries of the complainant revealed that his daughter was not available in the house of Raja. The complainant expressed his suspicion that his daughter had been abducted by Satyawan and Raja, accused, as she was enticed away by them and they were also concealing her. On the basis of above statement, formal FIR Ex.PB/2 was registered. On 6.10.1994, statement of prosecutrix Ex.PF was recorded under Section 164 Cr.P.C. by the Chief Judicial Magistrate, Panipat. A perusal of the FIR reveals that prosecutrix had left her house on 5.7.1994 and she returned on 4.10.1994.

Now to examine, "Whether offence under Section 376 IPC has been committed or not?"

The prosecutrix was having a limp as she was affected by polio. Accused Satyawan is also a handicapped person. His arm is amputated from the shoulder. He is suffering from 80% handicapness. According to statement of PW.6 Dr. S.S. Wadhawan, ossification test was conducted. Prosecutrix was approximately aged between 15½ to 17 years. This opinion was based on the data of Dr. Hepworth published in Modi's Medical Jurisprudence. He further stated that there can be a variation of two or three years on either side.