SANDEEP KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed by Sandeep Kumar, appellant against the judgment and order dated 3.4.1991 passed by the learned Additional Sessions Judge, Gurdaspur whereby the appellant has been found guilty for the offences under Sections 363 and 366 of the Indian Penal Code ('IPC' for short) and he has been sentenced to undergo rigorous imprisonment for four months and a fine of Rs. 200/- on each count. In default of payment of fine he is to undergo further rigorous imprisonment for one month. Both the sentences have been ordered to run concurrently.

(2.) Case FIR No. 132 dated 22.8.1989 was registered at Police Station, City Gurdaspur for the offences punishable under Sections 363 and 366 IPC on the statement of Kishan Chand son of Sewa Ram. In his application dated 22.8.1989, it has been stated that he is a poor Harijan residing in small tenement just opposite Central Jail, Gurdaspur and is running a petty tea shop there. On 27.7.1989, his younger daughter (prosecutrix), who had passed Matriculation examination went to Government Girls Senior Secondary School, Gurdaspur to seek admission to 10+1 class but she did not return home. They then went to their relatives and acquaintances to trace her but in vain. She had in fact been abducted by Sandeep Kumar alias Bittu (appellant) on the same day. It was prayed that the daughter of the complainant be traced and returned to him and strict legal action be taken. The Police investigated the case and after investigation the challan in terms of Section 173 of the Code of Criminal Procedure (Cr.P.C. for short) was filed in the Court of the learned Additional Chief Judicial Magistrate, Gurdaspur on 26.3.1990, who in terms of his order dated 23.4.1990 committed the case to the Court of Session as the offences under Sections 363 and 366 IPC attributed to the appellant were triable by the said Court.

(3.) The prosecution, to prove its case, had examined Kishan Chand, complainant (PW-1), Vinod Sarup, M.H.C. (PW-2), Prosecutrix (PW-3) and the Investigating Officer Ved Parkash (PW-4) and closed its evidence. The statement of the appellant in terms of Section 313 Cr.P.C. was recorded in which he stated that he was innocent and that he had married the prosecutrix on 16.8.1989 in the Mandir of his Village Gandhian. She was now living with him as his wife and she came to him of her own will and on that day she was 18 years and 6 days old. It is also stated that the mother of the prosecutrix knew this fact that she was going with him and now a compromise has been arrived at with the parents of the prosecutrix. In his defence, he examined Smt. Jito, mother of the prosecutrix as DW-1. On the basis of the said evidence, as already noticed, the learned Additional Sessions Judge, Gurdaspur convicted and sentenced the appellant which order is assailed in this appeal.