MANGAL SINGH @ MANGA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Mangal Singh @ Manga son of Lachhman Singh son of Milawa Singh has directed the present appeal against the judgment dated 23.2.2011 and order dated 24.2.2011 passed by Sh.Jaspal Singh, Sessions Judge, Ferozepur vide which the accused has been convicted under Section 376 IPC and has been sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.3000/- and in default of payment of fine, to further undergo RI for 6 months.

(2.) SHO P.S. Sadar Fazilka sent accused Mangal Singh to face trial under Sections 363/366/366-A/376 IPC in a case bearing FIR No.326 dated 19.10.2005 registered at Police Station Sadar Fazilka. Briefly stated that prosecutrix aged about 16 years had studied upto 7 th standard. Mangal Singh accused engaged the prosecutrix at village Behak Khas and on that account, he was on visiting terms in the house of complainant. Mangal Singh accused was a married person having three children. During intervening night of 23/24.9.2005 Mangal Singh @ Manga accused eloped with the prosecutrix.

(3.) The complainant had been searching for the prosecutrix but he could not get any clue about her whereabouts. He then moved an application to the police officials. On the basis of said application, the present FIR was registered. SI Jasvir Singh investigated the case and recorded the statements of the witnesses under section 161 Cr.P.C. and conducted the spot inspection. On 22.10.2005 accused Mangal Singh was arrested in the area of village Dhab Khushal and he was apprised of grounds of arrest. On the same day, Investigating Officer produced prosecutrix in Civil Hospital, Fazilka and moved the application for her medicolegal examination but she refused to get her medicolegally examined. Statement of prosecutrix under Section 164 Cr.P.C. was recorded by a Judicial Magistrate thereafter, on completion of the investigation, challan was presented. Charge under sections 363/376 IPC was framed against the accused to which he pleaded not guilty and claimed trial.