GIAN SARUP Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The compendium of the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant criminal appeal and emanating from the record, as claimed by the prosecution, is that complainant Nikka Singh son of Kehar Singh (PW5) (for brevity "the complainant") was employed as a Security Guard in Maharaja Factory, Industrial Area, Phase VII, Mohali. Appellant-convict Gian Sarup son of Ramji Lal (for short "the appellant") and Manmohan Singh, son of the complainant, were class fellows and friends. The prosecutrix (name withheld), daughter of the complainant, was studying in 7th class in Vijay Model School, but her name was struck off from the school rolls, one month prior to the present occurrence. The appellant had been visiting the house of complainant with his son Manmohan Singh.

(2.) Sequelly, the case of the prosecution is that on 21.4.1998 at about 8.00 PM, the complainant was on guard duty at the gate of the factory, where his daughter (prosecutrix) came and told him that he should reach home to have his dinner. He followed her advice. As soon as, he returned back to resume his duty at the gate after 10 minutes, in the meantime, he noticed that the prosecutrix was missing. He searched for her in and around the factory premises, but in vain. He suspected that his daughter had been allured by the appellant with inducement of solemnizing marriage with her. Thereafter, he searched for her with the assistance of his relatives and friends, but she could not be traced till 3.5.1998. Subsequently, the complainant reported the matter to the police and made a complaint (Ex.PF) of missing of his daughter on 3.5.1998 at 9 A.M. to SI Mohinder Singh, who made his endorsement (Ex.PF/3) and sent the same to the police station for registration of the case.

(3.) The story of the prosecution further proceeds that on 3.8.1998 (after about 31/2 months), the prosecutrix had voluntarily returned home and got recorded her statement (Ex.DA), inter-alia, to the effect that on the fateful day, she was called by the appellant, who was standing outside the gate of the factory and induced her to go with him. He took her to Bus-stand, Chandigarh on cycle, from where, they went to Ambala by bus. They boarded the train from Ambala to Malipur (UP). Then, he took her to the house of his maternal uncle at Baramadpur. The appellant was stated to have told her that he would marry her. His maternal uncle provided them a room where the appellant had committed sexual intercourse with her. It was claimed that from there, they went to Pethia at the house of his another uncle Raja Ram, where he (appellant) also raped her. She narrated the entire episode and uncle of the appellant took pity on her and paid her fare, with which, she boarded the train for Ambala and reached home.