SHIV SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE prosecution case, in brief, is that on 23.1.1996. Virender Singh, who is father of Sudha prosecutorix aged 15-16 years, was informed by one Dharmender that she (Sudha) had been kidnapped by Shiv Singh and Onkar Singh on the pretext of securing job for her. Virender Singh mounted massive search for his daughter Sudha. His efforts, however, directed at searching Sudha did not bear any fruit. Eventually, on 24.2.1996, he reported the matter vide statement Ex. PW12/A at P.S. NIT Faridabad. On the basis of the statement under Sections 363/366/376/120-B Indian Penal Code, at P.S. NIT, Faridabad. During investigation, Shiv Singh and Onkar Singh accused were tracked down and Sudha was recovered from the possession of accused Onkar Singh on 12.5.1996. She was got medico-legally and radiologically examined. Her statement under Section 164 Cr.P.C. was also got recorded. After investigation, Shiv Singh and Onkar Singh were challaned under Sections 363/366/376/120-B Indian Penal Code, by the police of P.S. NIT Faridabad.

(2.) THE case was committed to the Court of Sessions by Chief Judicial Magistrate, Faridabad vide order dated 4.6.1996.

(3.) AT the conclusion of the trial, vide order dated 3.8.1999, Additional Sessions Judge, Faridabad found the charge under Sections 363/366/120-B Indian Penal Code proved against both the accused. He found the charge under Section 376 Indian Penal Code proved against Onkar Singh alone. He convicted both of them thereunder. Vide order dated 5.8.1999, he sentenced both the accused under Section 363, Indian Penal Code, to undergo rigorous imprisonment for three years, and to pay fine of Rs. 200/-. He sentenced them to undergo rigorous imprisonment for five years and to pay fine of Rs. 500/- under Section 366 Indian Penal Code. He sentenced Onkar Singh under Section 376 Indian Penal Code to undergo rigorous imprisonment for seven years and to pay fine of Rs. 500/-. He did not pass any separate sentence under Section 120-B Indian Penal Code against Shiv Singh and Onkar Singh accused.