CHARNA SINGH AND ANR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Charna Singh and Hakam Singh appellants-accused (herein referred as 'the accused') were prosecuted for the offences under Sections 363 and 366-A of the Indian Penal Code, for kidnapping the prosecutrix, minor (name not mentioned), with an intention that she may be forced to commit illicit intercourse, consequently, vide judgment dated 17.05.2000, passed by Addl. Sessions Judge, Mansa, they were convicted and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1,000/- each under Section 363 IPC and rigorous imprisonment for a period of four years and to pay a fine of Rs. 1,000/- each under Section 366-A IPC.

(2.) On 26.04.1997, Gandhi Singh and his other family members were sleeping in their courtyard. In the next morning when they woke up, they found the prosecutrix missing from their house. He initiated search in the surrounding villages and came to know that both the accused, who were also absent from the village, had enticed away his daughter. On 27.04.1997, Rattan Singh, brother of Gandhi Singh, who has been residing at Dera Sacha Saudha, Sirsa, informed, Gandhi Singh that Sukhjit Kaur was with him and he should take her back. Gandhi Singh took her back but did not lodge the report due to the fear of the society. Ultimately, with the intervention of the relatives, he got recorded his statement before Sub Inspector Rattan Singh on 18.07.1997 on the basis of which FIR EX.PA/2 was registered. Prosecutrix disclosed before the police that when she woke up to go for answering the call of nature, she came across accused Charna Singh and Hukam Singh in the lane, who threatened to kill her if she did not follow them and they took her in a bus towards Sirsa. While sitting in the bus, they were further talking to sell her and if they could not sell her then they will compel her to indulge into prostitution and earn out of that. She did not raise any alarm out of fear. Thereafter, they took her to Dera Sacha Sauda at Sirsa. After two days, they spotted Rattan Singh at the Dera. On seeing Rattan Singh, the accused ran away.

(3.) On registration of the case, Sub Inspector Rattan Singh investigated the case, prepared the rough site plan Ex.PE and got the prosecutrix medico legally examined from Dr. R.K. Kaushal, who gave a definite opinion that she has not been raped. The accused were arrested on 25.11.1997 at Bus-Stand, Bajewala. The statements of the witnesses were recorded. On completion of investigation, a report under Section 173 Cr.P.C. was submitted against the accused.