GURDIP SINGH @ KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 4.9.2000 whereby the learned Additional Sessions Judge, Ludhiana (hereinafter referred to as the 'trial Court') convicted the Appellant for the offence under Sections 363,366-A,376 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 1,000/- under Section 363 of the Indian Penal Code or in default of payment of fine, to undergo further rigorous imprisonment for six months; rigorous imprisonment for five years and to pay a fine of Rs. 1,000/- under Section 366-A of the Indian Penal Code, or in default of payment of fine, to undergo further rigorous imprisonment for six months and also rigorous imprisonment for seven years and to pay a fine of Rs. 2,000/- under Section 376 of the Indian Penal Code, or in default of payment of fine, to undergo further rigorous imprisonment for one year.

(2.) Brief facts of the case are that on 8.7.1999, complainant Ram Pal Singh got recorded his statement with ASI Harbhajan Singh of Police Station Samrala in which he stated that he has got three children and his elder daughter Sandeep Kaur, aged about 16-1/2 years had been getting training in stitching from Stitching Training Centre running in the house of Karnail Singh, Lambardar of village. Sandeep Kaur used to leave home for the Training Centre at 9.00 a.m. and would come back at 12.00 noon. It is stated by the complainant that on 5.7.1999, as per routine Sandeep Kaur did not return home at 12.00 noon from the Stitching Training Centre, he got worried and started searching, during the course of which, he came to know that accused-Appellant Gurdeep Singh @ Kala son of Balwant Singh, resident of village Dhilwan had enticed his daughter without his consent giving her inducement that he would marry her. Complainant further stated that he searched for his daughter but could not come to know about her whereabouts. On 9.7.1999, ASI Harbhajan Singh had received a secret information, as such, a naka was laid on Ludhiana-Chandigarh Road on Sihala turn. At about 1.30 p.m., police party intercepted a white colour Bajaj Chetak, having registration No. PB-43 A-174 being driven by accused Appellant Gurdip Singh on which Sandeep Kaur was pillion riding, coming from the side of Sihala The accused-Appellant was interrogated and arrested. ASI Harbhajan Singh enquired from Sandeep Kaur who told him that she had been raped by the accused in village Neelon Kalan. The Investigating Officer took the accused-Appellant and the prosecutrix to the place of occurrence and prepared the rough site plan, Exhibit PG. He also took into possession Scooter in question along with driving licence of the accused-Appellant, challan chit, a pant, a shirt, T-shirt, one kurta, one payjama, one vest, one female suit, a trouser (salwar), one Dupatta, one shirt, one salwar, one chuni, Exhibits P 1 to P 12, respectively vide recovery memo, Exhibit PH. Personal search of the accused-Appellant was also conducted which resulted in the recovery of a Titan watch, a belt, one spectacle and Rs. 457/- cash, which were taken into possession vide recovery memo, Exhibit PG. ASI Harbhajan Singh recorded the statement of the prosecutrix and arrested the accused. Both the accused-Appellant and the prosecutrix were got medico-legally examined. After completion of investigation, challan against the accused was filed in the Court.

(3.) The accused-Appellant was charge-sheeted for the commission of an offence punishable under Sections 363/366-A/376 of the Indian Penal Code, to which he pleaded not guilty and claimed trial.