PRIYA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of Criminal Appeal No. 1496-SB of 2008, filed by Priya, Crl. Appeal No. 1650-SB of2008, filed by Charanjit Singh and Malkit Singh and Crl. Appeal No. 2008-SB of 2008, filed by Surjit Singh alias Rohit, accused(now appellants), are directed against the judgment ofconviction, and the order of sentence dated 30.07.2008, renderedby the Court of Additional Sessions Judge, Amritsar, videwhich it convicted and sentenced them as under :-

(2.) The facts,in brief, are that, on 02.11.2006. Ravinderpal Singh, Sub Inspector, alongwith other Police officials was present in Sohian Khurd, for the purpose of patrol duty, where Joginder Singh son of Bachan Singh, r/o village Mudhal got his statement recorded, to the effect, that he was running a grocery( Kiryana) shop, in the village. He was having three children, out of whom two are his sons and one is daughter, the prosecutrix, aged about 14 years, (whose name is not being mentioned in view of the pronouncement of the Apex Court). She was studying in 8th standard in Senior Secondary School. His wife namely Kulwant Kaur died earlier. At the bus stand of village, Jatinder Sharma @ Ajay Sharma son of Ram Niwas, r/o Nawalgarh, District Jhunjunu, was running an Astrology shop by taking the same on rent. After the death of his wife, about three months ago, for the purity of his house, he got performed the Hawan, in his house from Pandit Jatinder Sharma. On that day, Shamsher Singh s/o Dula Singh, r/o village Mudhal, was also present in his house. Jatinder Sharma @ Ajay Sharma, at that time, was accompanying Sham Lal, his maternal uncle son of Nand Dev. After that day, Jatinder Sharma, used to come to his house to purchase the grocery items as he was running his grocery shop in his house, where his entire family was living. Jatinder Sharma started coming to his house, even in his absence. On 15.10.2006 , Sham Lal, aforesaid came to his house, and asked him that Jatinder Sharma @ Ajay Sharma, was unmarried and he loved his daughter, the prosecutrix. He also told him that he would get his (Joginder Singh's) daughter, engaged with his nephew Jatinder Sharma. The complainant, told that he did not agree to such intercaste love relations. He refused to engage his daughter, the prosecutrix with Jatinder Sharma @ Ajay Sharma. Sham Lal went away in anger.

(3.) On 16.10.2006, at about 8 AM, when he (complainant) came back to his house, after answering the call of nature, Jatinder Sharma was talking to his daughter. He scolded Jatinder Sharma and told him that he should not come to his shop again. Jatinder Sharma, accused, however, replied that he will see him lateron, and then went away. On 17.10.2006, at about 8.30 AM, the prosecutrix went to the School and did not come back, till the evening. He started searching her. Shamsher Singh son of Rulda Ram, r/o Mudhal, met him, at Bus Stand, Mudhal and he narrated the incident to him. Shamsher Singh replied that at about 4 PM on that date, outside the bus stop, on the road, near the theatre, the daughter of the complainant, Jatinder Sharma and Sham Lal, his maternal uncle were seen by him. He (Joginder Singh ) again started searching the prosecutrix , but could not trace her. The complainant stated that he was sure that his daughter was kidnapped with an intention to perform marriage with Jatinder Sharma. The statement of Joginder Singh, informant, was sent to the Police Station, leading to the registration of the First Information Report.