JASMINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment of conviction dated 07.01.2003 and order of sentence dated 08.01.2003, passed by the learned Addl. Sessions Judge, Bathinda, whereby, he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 2000/- under Section 366 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of twenty days and further convicted and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 5000/- under Section 376 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months. Both the sentences were ordered to run concurrently.

(2.) The brief facts of the prosecution case are that a DDR was got registered with the police on 07.10.1999 by stating that prosecutrix has been missing from the house and search has been made but could not find her. On 21.10.1999, Jagdish Kumar complainant got recorded his statement to ASI Malkiat Singh, in which he stated that he was married to Lila Devi in the year 1979 and prosecutrix was born out of that wedlock. Lila Devi died about 11 years back and then he contracted second marriage with Usha Rani. Prosecutrix is aged about 16 years and is doing house hold work after passing matric examination and she is missing for the last 15-16 days. Now they have come to know that she has been induced by accused Jasminder Singh and he had taken her to some other place from Talwandi Sabo. On the basis of this statement, ruqa was sent to the police station, whereupon, FIR was recorded under Section 366-A IPC. On 30.10.1999, when ASI Malkiat Singh along with other police officials and Jagdish Kumar complainant was present at main chowk, Talwandi Sabo, he received secret information and apprehended prosecutrix and she was joined in the investigation. Her statement was recorded, in which she stated that Jasminder Singh had committed rape with her. As such, offence under Section 376 IPC was added. Accused was arrested. Rough site plan was prepared. Prosecutrix and accused were medico-legally examined. As per the character certificate of school, the date of birth of the prosecutrix was shown as 20.10.1983. 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 366 and 376 IPC, to which he pleaded not guilty and claimed trial.