PARAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 17.08.1998, passed by Additional Sessions Judge, Ludhiana, convicting the accused under Section 366/376 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for four years and to pay a fine of Rs. 500/- each under Section 366 of Indian Penal Code and to undergo rigorous imprisonment for 7 years and to pay a fined of Rs. 1,000/- each under Section 376 of Indian Penal Code.

(2.) Brief facts as culled out from the record are that on 19.05.1995 at about 11:00 A.M when Nichan Singh ASI of Police Station Dehlon, alongwith other police officials was present in Jarhtauli Chowk of village Kila Raipur. Gurdeep Singh complainant(herein referred as 'complainant') made a statement that her daughter aged about 17 1/2 years was a student of Gobind National College, Narangwal. She used to go to Preet Kamal Kaur for tution. On 15.05.1995 at about 7:00 A.M his daughter(herein referred as the prosecutrix) had gone to appear in the examination in the college at Narangwal but did not return. Despite the long search, no clue could be traced. He further disclosed that she had not appeared in the examination on that day. On 19.05.1995, in the morning, Gurjit Singh son of Inder Singh had informed him that the prosecutrix was taken by the accused and his wife, as on 15.05.1995 at about 8:00 A.M, when he was going to the house of his maternal grand father at village Dhamot on scooter and had stopped in Mehma Singhwala Chowk in the area of village Narangwal, then he had seen the accused his wife and their two years old child standing near the three wheeler. In the meantime prosecutrix had also come from the side of the college, the accused and his wife had caught hold of prosecutrix and made her to sit in the three wheeler saying that they would be coming soon. Thereafter, these accused along with prosecutrix went towards Dehlon in that three wheeler. He also followed them on scooter. Thereafter, Gurjit Singh had gone to his maternal grand father, however, it also came to light that prosecutrix had taken Rs.50,000/- with her. Gurdeep Singh further told that her daughter was kidnapped by the accused Paramjit Singh and his wife in order to marry her. On the aforesaid statement Ex.PC made by Gurdeep Singh, endorsement Ex.PC/1 was made on the basis of which FIR Ex.PC/2 was recorded in the Police Station. Thereafter, the investigating officer Nichan Singh commenced his investigation, went to Mehma Singhwala Chowk, prepare the site plan Ex.PR and recorded the statement of witnesses. He went to Gobind National College Narangwal and recovered the bicycle of prosecutrix from the bus stand of the college.. They arrested the accused, got recovered prosecutrix from their possession, got her medically examined and on completion of investigation, the challan was presented in Court.

(3.) Finding a prima facie case against them. They were charged under Sections 363, 366 and 376 of the Indian Penal Code to which they pleaded not guilty and claimed trial. In order to substantiate the charges, the prosecution examined 11 witnesses. Doctor J.K.Sidhu PW-1, had medically examined the prosecutrix on 17.10.1995 and observed that her hymen was torn and healed, vagina admitted two fingers. Uterus was normal in size. Three swabs were taken from vagina and vaginal and were sent for chemical examination. She had also proved the medical legal report Ex.P-A and on receipt of the report Ex.PB of the Chemical examiner PW-1 opined that semen was there on the vaginal swabs. PW-2 Gurdeep Singh is the father of the complainant. He reiterated the entire prosecution version by adding that she went for examination on 15.05.1995 and was recovered on 16.10.1995. Gurjit Singh PW-3, has reiterated that on 19.05.1995, he had informed Gurdeep Singh that he saw Paramjit Singh and Surinder Kaur(prosecutrix) with Preet Kamal Kaur in the three wheeler. PW-4 Karamjit Singh testified that on 18.10.1995, he was posted as Pharmacist in Mini Primary Health Centre Dehlon. On that day Paramjit Singh was brought to him and he had referred him to Civil Hospital, Ludhiana, for medical examination.