JASPAL KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The pith and substance of the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant appeal and emanating from the record, as claimed by the prosecution, are that on 12.2.1996, complainant Tarsem Singh son of Kartar Singh (PW3) (for brevity "the complainant") came and he found that his eldest daughter Babli alias Saroj (PW2), aged about 12-13 years, was missing from his house. He searched for her in the village as well as in his relations, but in vain. On 13.2.1996, he came to know that his daughter was present in Police Station Guruhar Sahai. He along with Municipal Councilor Roop Lal (PW) went to the police station, where his daughter was present. The police handed over her to them.

(2.) The case of the prosecution further proceeds that on inquiry, Babli (PW2) had disclosed that on 12.2.1996, as soon as, she was standing outside the house, in the meantime, Santosh alias Toshi, daughter of Maghar Singh and appellant-convict Jaspal Kaur w/o Lakhmir Singh (for short "the appellant") came there and promised to take her to her maternal parents' (Nanke) house. Instead they took and left her in the house of some beautiful unknown lady, where she stayed for one night. On the next day, she was taken to Guruhar Sahai. That unknown lady had negotiated with some person to sell her for a sum of Rs. 8000/-. After hearing their conversation, Babli (PW2) slipped from there and came to one shop. The shop keeper informed and police took her to the police station, from where, she was brought back by her father.

(3.) Narrating the sequence of events, in all, the prosecution claimed that on 12.2.1996, the appellant along with her other co-accused Santosh alias Toshi had kidnapped Babli (PW2) in order to seduce her to illicit intercourse. In the background of these allegations and in the wake of statement (Ex.P2) & (Ex.P5) of the complainant, the present case was registered against them, by means of FIR No.10 dated 15.2.1996 (Ex.P2/A & Ex.P6), on accusation of having committed the offences punishable u/ss 363 and 366 read with section 34 IPC by the police of Police Station Ghall Khurd, District Ferozepur, in the manner depicted here-in-above. Initially, appellant Jaspal Kaur was declared proclaimed offender. Since her coaccused Santosh alias Toshi was juvenile, so, separate challan was presented against her. She was stated to have been tried and convicted by the Juvenile Justice Board.