PANKAJ ALIAS PRAVEEN Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order of sentence dated 25.10.2005 and 09.11.2005 wherein the appellant Pankaj @ Praveen had been convicted under Sections 363/366 of the IPC and had been sentenced to undergo RI for 3 years and to pay a fine of Rs.1000/- in default of payment of fine to undergo RI for 3 months for the offence under Section 363 of the IPC; for the offence under Section 366 of the IPC he had been sentenced to undergo RI for 5 years and to pay a fine of Rs.2000/- in default of payment of payment of fine to undergo RI for 6 months.

(2.) DD No.10A (Ex.PW-2/A) was recorded in local police station Hauz Qazi on 02.3.2005 noting that the daughter of Devender Kumar (PW-4) was reported missing since 01.3.2005. Statement of Devender Kumar, father of the victim disclosing the involvement of the present appellant was recorded on 04.03.2005 (Ex.PW-4/D). Submission being that he suspected the role of the appellant in the missing of his daughter. Pursuant to this statement the rukka was taken and the FIR was registered on the same date at 5.40 p.m. SI Balbir Singh (investigating officer) arrested the accused from his house Himmatgarh, Hauz Qazi, Delhi vide memo Ex. PW-4/B; personal search of the appellant was conducted. His disclosure statement Ex. PW-4/A was recorded.

(3.) Relevant would it be to state that the victim has not been recovered till date. In the course of the investigation apart from the statement of the father of the victim Devender Kumar (Ex.PW-4/D) the statement of her mother Meena (PW-5) was also recorded. She had also stated that since her daughter did not return home she suspected the appellant behind the missing of her daughter as she had seen the appellant talking to her daughter on 2-3 earlier occasions.