MANOJ KUMAR SONDHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant has filed this appeal against the judgment and order dated 31.03.2010 passed by the learned Sessions Judge, Jalandhar whereby he has been convicted for the offence punishable under Section 376 Indian Penal Code ('IPC' -for short) and has sentenced to undergo rigorous imprisonment for a period of seven years; besides, pay a fine of Rs. 5000/ - and in default thereof to undergo rigorous imprisonment for one year. The FIR (Ex. PG/2) has been registered on the statement (Ex. PG) of Shiv Kumar father of the prosecutrix. The complainant -Shiv Kumar alleged that he is resident of Preet Nagar, Sodhal Road, Jalandhar. At his house he, his wife namely Seema (PW -9), elder son namely Sunny aged 19 years, younger daughter (prosecutrix) (PW -10) who had recently appeared in her 10th class examination and his youngest son namely Mani aged about 15 years live. The complainant -Shiv Kumar works as a Fitter at M/s. Seetal Factory. His son Sunny sets up coffee stalls in marriages. Manoj Sondhi (appellant) who represents himself as Joint Secretary of the Punjab Pradesh Congress Committee for the last six months often used to visit their house. The appellant's wife namely Sonia also visited their house several times with him. They had three children. The complainant and his son namely Sunny used to go for their work at about 8.00 am in the morning and return home at about 8 -9 o'clock in the evening. His wife Seema (PW -9), daughter (prosecutrix) (PW -10) and son namely Mani stayed back at home. On 13.05.2008 as usual the complainant and his son Sunny went for their work in the morning. When the complainant returned back at about 9 o' clock in the evening then his wife Seema (PW -9) informed him that his daughter (prosecutrix) went out of the house about 1.30 pm and had not returned. Till the date of lodging the report i.e. 16.05.2008, they had been searching for her. On the date of making the report i.e. 16.05.2005 they got to know that aforesaid Manoj Sondhi (appellant) had taken his daughter (prosecutrix) (PW -10) by threat and inducement. They tried to contact him but they could not. It was also learnt that Manoj Sondhi (appellant) had been away from his house since that day (i.e. 13.05.2008). On the day of lodging the report i.e. 16.05.2008, the complainant along with his friend Somnath alias Soma son of Shri Sohan Lal Keshav were going to inform the police that the police met them and his statement was recorded. Legal action was asked to be taken against Manoj Sondhi (appellant) and the daughter of the complainant was asked to be recovered. The statement of the complainant Shiv Kumar was thumb marked by him by putting his left thumb impression which was attested by ASI Hans Raj Police Station Division No. 3, Jalandhar (PW -11) who had recorded the statement. Police Proceedings (Ex. PG/1) were recorded by ASI Hans Raj (PW -11) that on 16.05.2009 he along with other officials were present at Bhagat Singh Chowk, Jalandhar in connection with patrolling and checking of bad elements that Shiv Kumar (complainant) along with Somnath alias Soma son of Shri Sohan Lal Keshav got his statement (Ex. PG) recorded. It was read over and explained to him and he after accepting the same as correct put his left thumb impression below it, which he attested. From the aforesaid statement a case for the offences under Sections 363 and 366 IPC was made out. Accordingly a memo ('ruqa') was written and sent to the police station through Constable Baljit Singh for registration of a case (FIR). The number of the case was asked to be intimated after its registration. The special reports were asked to be issued to the Senior Officers. The control room was also asked to be informed through telephone/wireless. ASI Hans Raj (PW -11) along with the Police officials accompanying him as also the complainant Shiv Kumar and Somnath alias Sonu left for the place of occurrence for investigation. The police proceedings were signed by ASI Hans Raj (PW -11) in the area of Bhagat Singh Chowk, Jalandhar at 8.10 pm. At the Police Station ASI Jeevan Singh received the writing and on the basis of the same, he recorded 'rapat' No. 25/27 at 8.30/9.30 pm and registered FIR No. 40 dated 16.05.2008 (Ex. PG/2) for the offences under Sections 363 and 366 IPC.

(2.) ASI Hans Raj (PW -11) reached the place of occurrence. Seema (PW -9) mother of the prosecutrix produced the metric standard examination certificate of her daughter (prosecutrix) (PW -10). ASI Hans Raj (PW -11) took the certificate (Ex. PH) in his possession vide memo (EX. PJ). He recorded statements of witnesses. On 17.05.2008 ASI Hans Raj (PW -11) recorded statement of Mohan Singh Head Constable regarding the special report that he had delivered. He searched for the accused. On 28.05.2008 he was present at Madan Flour Mill in connection with patrolling when Seema Rani (PW -9) came to him at that place. She was accompanied by Rajinder Kumar alias Neeta. She disclosed that the prosecutrix (PW -10) and Manoj Sondhi (appellant) were present at the house of Madan Mohan son of Mehga Ram situated at Dhikiwali Gali, Qilla Mohalla, Ludhiana and that in case a raid was conducted at that very time, they could be recovered from there. ASI Hans Raj (PW -11) accompanied by Seema Rani (PW -9) and Madan Mohan son of Mehga Ram went to Ludhiana. He got his arrival recorded with Police Station Division No. 4, Ludhaina. Then a raid was conducted at the aforesaid house. Manoj Sondhi (appellant) and the prosecutrix (PW -10) were recovered from the house of Madan Mohan. He prepared a memo (Ex. PK) of their recovery which was attested by Rajinder Kumar, Seema Rani and lady constable Baksho Rani. ASI Hans Raj (PW -11) arrested the accused (appellant) and gave information about his arrest to his father. Prosecutrix (PW -10) was handed over to her parents and memo (Ex. PL) in this regard was prepared which was attested by the above said witnesses. On the next day ASI Hans Raj (PW -11) went to Civil Hospital, Jalandhar and submitted written applications (Ex. PM and Ex. PN) for the medical examinations of the accused (appellant) and the prosecutrix (PW -10). Dr. Raj Kumar (PW -2) conducted the medical examination of the accused (appellant) and Dr. Damanjeet (PW -1) conducted the medical examination of the prosecutrix (PW -10). The girl was then sent with her parents.

(3.) SHRI Manoj Kumar Judicial Magistrate Ist Class, Jalandhar vide order dated 18.08.2008 committed the case to the Court of learned Sessions Judge, Jalandhar as the police report ('challan') had been filed alleging commission of offences under Sections 363, 366, 376 and 120 -B IPC and the offences under Sections 366 and 376 IPC were exclusively triable by the Court of Session. The case was received by commitment by the learned Sessions Judge, Jalandhar and he framed charges against the two accused namely Manoj Sondhi (appellant) and Randhir Singh alias Lucky (since acquitted). It was alleged that firstly Randhir Singh alias Lucky on 13.05.2008 in the area of bus stand, Jalandhar abducted a woman (prosecutrix) with an intention that she may be forced to illicit intercourse and thereby committed an offence punishable under Section 366 IPC and within the cognizance of the Court of Session. Secondly Manoj Sondhi (appellant) on 13.05.2008 in the area of Mathura committed rape on the prosecutrix and thereby committed an offence punishable under Section 376 IPC and within the cognizance of the Court of Session. Thirdly Manoj Kumar Sondhi (appellant) on 13.05.2008 in the area of Agra, Kolkata, Rohtak, Ludhiana committed rape on the prosecutrix and thereby committed an offence punishable under Section 376 IPC and within the cognizance of the Court of Session. It was directed that both the accused be tried by the said Court. The contents of the charges were read over and explained to the accused in simple Punjabi.