GURDIAL SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) GURDIAL Singh was convicted under Section 420, Indian Penal Code, and sentenced to six months' rigorous imprisonment and a fine of Rs. 100/ - or in default of payment of fine to one month's further rigorous imprisonment, by the Chief Judicial Magistrate, Kapurthala, His appeal has been dismissed by the learned Sessions Judge, Kapurthala. Gurdial Singh has come up in revision.

(2.) THE prosecution version is that on the 9th of November. 19(sic), the first informant Sadhu Singh P.W. who was employed in Border Security Force and was on leave, learnt from his sister's son Teja Singh that Gurdial Singh accused -Petitioner had a young woman to sell. Sadhu Singh was a bachelor and on the next day accompanied by Teja Singh, he met the accused at Kapurthala. The accused took them to a Chubara and showed one Pritam Kaur to them. Sadhu Singh and Pritam Kaur had a talk and he was told by her that she was a widow and Gurdial Singh accused assured Sadhu Singh that Pritam Kaur was dependable and would live with him. A price of Rs. 1000/ - was settled and on the next day i.e. 10th November, 1966. Sadhu Singh and Teja Singh came to Kapurthala and handed over Rs. 1000/ - in the presence of Hari mitter head Constable Niranjan Singh to the accused Sadhu Singh and Teja Singh were taken to the Chubara and Pritam kaur curie away with Sadhu Singh, she lived with him for four days and disappeared on the fifth day. Sadhu Singh and Teja Singh thereupon went to Kapurthala and found Gurdial Singh accused and Pritam Kaur present in the Chubara. The accused declined to send Pritam Kaur with Sadhu Singh and Pritam Kaur also declined to go. Gurdial Singh accused also declined to return the money. As the leave of Sadhu Singh was to expire, he went to Nushehra, and from there sent a letter to the Superintendent of Police, Kapurthala, on the basis of which a case was registered against Gardial Singh accused and he was prosecuted.

(3.) THERE is not the least doubt that the accused did make money by purporting to sell Pritam Kaur to Sadhu Singh and that at the time he received the money from Sadhu Singh, he was aware that Pritam Kaur was not going to stay with Sadhu Singh and that she would come back to. him. It is also clear, that Sadhu Singh parted with his Rs. 1000/ -on the assurance given by the accused that Pritam Kaur was a reliable woman and would stay with him.