SUMIT KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 25.4.1998 passed by Additional Sessions Judge, Amritsar, whereby the appellant was convicted under Section 363 IPC and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1000/-and in default of payment of fine, to undergo further rigorous imprisonment for six months.

(2.) According to the prosecution, the appellant kidnapped the prosecutrix, who was less than 17 years old, on 6.1.1996 at about 1.30 p.m. when she was returning from the school to her house. He forcibly took her to Railway Station, Amritsar, where he made her smell something as a result of which she became unconscious. She regained consciousness in a room of a hotel at Delhi. They stayed in that hotel for a couple of days during which the appellant tried to molest and rape the prosecutrix but she did not allow him to do so. On 14.1.1996 the appellant was apprehended by the police at Central Bus Stand, Amritsar and the prosecutrix was also with him at that time.

(3.) The FIR was registered on 7.1.1996 on the basis of a statement made by father of the prosecutrix. He had stated therein that his daughter had been enticed away by the appellant, who left for her school on 6.1.1996 in the morning but neither she returned home nor could be traced.