NARWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 05.10.2001, passed by the learned Addl. Sessions Judge, Ludhiana, whereby, he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 500/- under Section 363 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months and further convicted and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 1000/- under Section 366 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months. Both the sentences were ordered to run concurrently. However, the appellant was acquitted of the charge framed against him under Section 376 IPC.

(2.) The brief facts of the prosecution case are that FIR was registered on the basis of statement of Shakuntla Rani, mother of prosecutrix, made to SI Bachhittar Singh on 16.06.1998, in which she mainly stated that prosecutrix went to school in morning on 30.05.1998 but she did not return from the school. The complainant tried to locate her but could not succeed. She suspected that accused Narwant Singh had enticed away her minor daughter because he is also absent from his house since that day. The complainant also stated in the FIR that she even tried to know whereabouts of Narwant Singh from his parents, but they did not disclose anything about him. On the basis of this statement, FIR was registered. During investigation, evidence was collected regarding the age of the prosecutrix. On 18.09.1998, ASI Dalbara Singh arrested Narwant Singh from Nabha and also recovered the prosecutrix from his custody. Rough site plan was prepared. Statements of witnesses were recorded. Accused was arrested. Prosecutrix and accused were medico legally examined. Statement of prosecutrix was recorded under Section 164 Cr.P.C. After necessary investigation, challan was presented against the accused-appellant.

(3.) On presentation of challan against accused-appellant, copies of challan and other documents were supplied to him under Section 207 Cr.P.C. Finding prima facie case, the accused-appellant was charge-sheeted under Sections 363, 366-A and 376 IPC, to which he pleaded not guilty and claimed trial.