SOHANBIR Vs. THE STATE

JUDGEMENT

(1.) This criminal appeal, preferred under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for brevity hereinafter Code of Criminal Procedure.), is directed against the judgment and order dated 15th April, 1997, passed by learned Additional Sessions Judge, Roorkee, in Sessions Trial No. 377 of 1993, whereby Appellant Sohanbir has been convicted under Sec. 366 -A of the Indian Penal Code, 1860 (for brevity hereinafter I.P.C.) and sentenced to rigorous imprisonment for five years and also to pay fine of Rs. 1,000/ - , in default of payment of which, he is directed to under rigorous imprisonment for a further period of six months.

(2.) Heard Learned Counsel for the parties and perused the entire record.

(3.) Prosecution story, in brief, is that on 8th November, 1991, at about noon, Appellant Sohanbir came in the house of P.W. 1 Kiran Singh, resident of P.S. Gadar Judda, Police Station Manglore, and abducted his daughter Suman. It is alleged by the prosecution that the incident was seen by witnesses P.W. 2 Ajab Singh and P.W. 4 Nepal Singh. According to the prosecution, Sohanbir used to come to the house of Kiran Singh, frequently. When on the day of incident, in the noon, the complainant Kiran Singh P.W. 1, returned back to his home he was told by his son that Suman has been abducted. It is further alleged that Kiran Singh, father of the victim, went to the police station to lodge the First Information Report, but the police asked him to search for the girl and lodge the First Information Report, thereafter. According to the prosecution, accused Sohanbir is a driver of Truck registration No. U.R.M./2317. On 09.08.1992, at about 6:30 P.M., accused was seen near the village along with his Truck and there had been "MAARPEET' (scuffle) between the complainant and the accused and accused suffered head injury, which according to the complainant, was caused by getting dashed with the window of the Truck. It appears that the accused Sohanbir lodged First Information Report against present complainant Kiran Singh relating to offences punishable under Sec. 307, 504 of I.P.C. with the police station. Later on, complainant Kiran Singh also lodged First Information Report (Ext. A -1) with the police against accused Sohanbir relating to offences punishable under Sec. 363, 366 of I.P.C. It appears that both the crimes were separately investigated by the police. In the present case the crime is registered as case crime number 293 of 1992. On completion of the investigation, a charge sheet (Ext. A -5) against the accused Sohanbir was filed.