SURENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant has come in appeal assailing the judgment and order dated 28/30.3.2001 (hereinafter referred to as the 'impugned judgment') passed by the learned Additional Sessions Judge, Hisar (hereinafter referred to as the 'trial Court') whereby he has been convicted for the commission of offence punishable under Sections 363 and 366 of IPC and awarded sentence to undergo rigorous imprisonment as under :-

(2.) Brief facts of the case may be noticed. On 21.09.1998, the complainant, Kailash, (PW6), moved an application, Ex.PB, before ASI Santa Singh, who was present at the Bus Stand, Sekh Pura, along with other police officials. It was stated in the application, Ex.PB, that on 15.09.1998, when he (complainant) was returning back from his duty, his wife met him near the Bus Stand, Hansi, and told him that his daughter (the prosecutrix), who was aged about 14/15 years, had been missing from the house for the last two hours. On reaching his house, he searched for his daughter and made enquiries from his children as to who had visited his house. The complainant was told by his children that accused-Surender, who was brother-in-law of the brother-in-law of the complainant, had visited their house. Thereafter, the complainant went to the Village of accused-Surender and on enquiry, the villagers told him that the accused and his mother had been missing from the village since 15.9.1998. On suspicion of his daughter being kidnapped by the accused, the complainant tried to search his daughter at different places, but in vain.

(3.) On the basis of this application, formal FIR Ex.PB/1, was recorded by HC Balbir Singh. The investigation was conducted by ASI Santa Singh and statements of the witnesses were recorded by him. On 16.12.1998, accused-guddi was arrested. Thereafter, the investigation was handed over to ASI Jai Narain.