BHAGWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence dated 04.03.2008 passed by the Addl. Sessions Judge, Jalandhar vide which the appellant-accused Bhagwant Singh has been convicted for the commission of the offence under Sections 363, 366 and 376 IPC in case FIR No.46 dated 28.03.2006 registered at Police Station Division No.2, Jalandhar and has been awarded sentence of rigorous imprisonment for a period of five years and to pay a fine of Rs.1,000/- under Section 363 IPC and in default of payment of fine to undergo RI for a period of three months.

(2.) The accused was also sentenced to undergo rigorous imprisonment for a period of six years and to pay a fine of Rs.1,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of three months under Section 366 IPC. The accused was also sentenced to undergo RI for a period of 10 years and to pay a fine of Rs.1,000/- and in default of payment of fine to undergo RI for 3 months under Section 376 IPC.

(3.) Brief facts of prosecution case is that the accused Bhagwant Singh enticed and kidnapped the daughter of the complainant. The mother-in-law of the complainant and Jasbir Kaur, wife of the accused was also involved in this kidnapping. The victim was stated to be a minor. The complainant's daughter had left the house on 27.03.2006 at about 12 noon. The complainant tried to find her but was not successful. Later on he came to know that his brother-in-law Bhagwant Singh has enticed his daughter. On this complaint, the police registered the FIR. The police also came to know that the girl had returned on 29.03.2006. The statement of the prosecutrix was taken. She was also produced before the Magistrate for her statement. The police collected the School Leaving Certificate and record relating to her date of birth. The victim was medically examined and thereafter report was laid before the Court.