GURPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prosecution version as recorded by Additional Sessions Judge, Patiala is that

(2.) The trial Court convicted and sentenced the accused as under :- Gurpal Singh U/s Sentence Fine In default of payment of fine 452 IPC R.I. 2-1/2 years Rs.2000/- 2 months 427 IPC R.I. One year Rs.500/- 15 days 323/149 IPC R.I nine months Rs.500/- 15 days 365 IPC R.I. 2-1/2 years Rs.2000/- 2 months 354 IPC R.I one year Rs.500/- 15 days 506 IPC R.I one year Rs.500/- 15 days 509 IPC R.I one year Rs.500/- 15 days Ranjit Singh U/s Sentence Fine In default of payment of fine 452 IPC R.I. 2-1/2 years Rs.2000/- 2 months 427 IPC R.I one year Rs.500/- 15 days 323/149 IPC R.I nine months Rs.500/- 15 days 365 IPC R.I 2-1/2 year Rs.2000/- 2 months 354 IPC R.I one year Rs.500/- 15 days 506 IPC R.I one year Rs.500/- 15 days 509 IPC R.I one year Rs.500/- 15 days Gurmukh Singh U/s Sentence Fine In default of payment of fine 452 IPC R.I 2-1/2 years Rs.2000/- 2 months 427 IPC R.I one year Rs.500/- 15 days 323/149 IPC R.I nine months Rs.500/- 15 days Gurcharan Singh U/s Sentence Fine In default of payment of fine 452 IPC R.I. 2-1/2 years Rs.2000/- 2 months 427 IPC R.I one year Rs.500/- 15 days 323/149 IPC R.I nine months Rs.500/- 15 days Sukhwinder Singh U/s Sentence Fine In default of payment of fine 452 IPC R.I. 2-1/2 years Rs.2000/- 2 months 427 IPC R.I one year Rs.500/- 15 days 323/149 IPC R.I nine months Rs.500/- 15 days The appeal was filed before the Additional Sessions Judge, Patiala which was dismissed. Thus, upholding the conviction of the present petitioners. While challenging the order passed by the trial Court convicting the petitioners and dismissing the appeal, it was submitted by learned counsel for the petitioners that the alleged eye-witness namely Balbir Kaur i.e mother-in-law of the complainant did not appear as witness and also the motive in the present case has not been proved and there is no evidence under Section 354 IPC.

(3.) However, I find no merit in the submissions made by learned counsel for the petitioners. Attention of this Court was invited to the findings recorded by both the Courts below. The accused had taken Parneet Kaur from Village Sahejpura Khurd to Jalalpur and then to Village Khanouri by force. The prosecutrix PW-4 Parneet Kaur stated in examination-in-chief as well in cross-examination-in-chief that she was threatened that in case she shouts or opens her mouth, she will be killed. The accused misbehaved with her while they were forcibly taking her on their motorcycle. She was below 18 years of age. She was removed from the lawful custody of her adoptive mother and grand-mother. The findings of the Additional Sessions Judge, Patiala in paras 13 and 14 are relevant which are as under :-