AMARJIT SINGH Vs. STATE

JUDGEMENT

(1.) The appellant, Amarjeet Singh alias Laliya, has come up in this appeal against his conviction for offences under Sections 363/ 366 and 376 Indian Penal Code recorded by judgment dated 15th May, 1987 by Shri Padam Singh, Additional Sessions Judge, Delhi. The appellant was sentenced to R.I. for three years and to fine of Rs. 1,000.00; sentence in default being R.I. for six months ; to R.I. for seven years and to fine of Rs. 2,000.00 in default the sentence being R.I. for one year and to R.I. for ten years and fine of Rs. 2,500.00, the sentence in default being R.I. for on year, on the three counts' respectively, by order passed on the same day.

(2.) The prosecution case, briefly stated, was that Kumari Sunita Mishra, daughter of Ram Dayal Mishra, resident of Pujari E Block Mandir, Tagore Garden Extension, New Delhi, then aged about 13 years of age, had been found missing from her house, since the night of 28th April, 1986 and the accused, who bad his tea shop opposite the temple, was also not traceable, either at the said shop or at his residence, and that it was believed that he had taken away said Kumari Sunita with him without the consent of her father the lawful guardian. A case was initially registered for the offence under Section 363 Indian Penal Code .

(3.) S.I. Surender Kumar Marwah (Public Witness 14) then posted at P.S. Rajouri Garden, New Delhi, took over the investigation and after looking for the accused as well as the girl at various places in Delhi, proceeded first to Panipat insearch of the accused accompanied by constable Raj Kumar (PW 9), and Hira Lal, a relation of the prosecutrix (Public Witness 3), and not finding him there returned, and thereafter went to Rai Bareilley, a district in U.P., and on the basis of information cjollected, visited a village known as Mahadev Ka Purva.but there also no trace of the accused and the girl was not found and so they all returned to Delhi. But on reaching New Delhi Railway Station onhe morning of 8th May, 1986, they found the accused along with the girl in the waiting hall of the New Delhi Railway Station. The recovery of the girl was effected there, and the accused was also taken into custody. Afterrecording statement of the prosecutrix, having both of them medically examined, and collecting other evidence, the investigating officer found the offences under Sections 366 and 376 Indian Penal Code also made out, and thus consequently the accused was finally booked for offences under Sections 363/366 and 3761.P.C. After completion of formalities, the accased was seat for trial.