AMARJIT SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 17.7.2002 and order dated 18.7.2002 passed by Sh. Harjinder Paul Singh, Additional Sessions Judge, Jalandhar vide which the accused appellants have been convicted under Sections 363 and 366 IPC and sentenced to undergo imprisonment and fine as under:-

(2.) However, both the sentences were ordered to run concurrently. Briefly stated, the facts as enumerated from the record are that complainant Ramji Lal son of Babu Lal, caste Ad-dharmi, resident of village Har Pur Bilawa, Police Station Mahua, District Bimali (Bihar) has stated that he is residing in New Gautam Nagar, Basti Bawa Khel, Jalandhar for the last about 4 years along with his wife. He has six children and the eldest is the daughter, aged 13 years (hereinafter mentioned as "victim"). The complainant is employed in Raghu Factory, Leather Complex. On 15.6.2001 he went to his factory. At 11 a.m., he was told that his wife had sent victim to fetch grapes and she has not returned back. The complainant and his wife tried their level best to trace out the victim but they failed. From the inquiry made in the locality, the complainant came to know that two women, namely, Bimla and Baby had kidnapped the victim. Complainant and his wife went to the house of these ladies Bimla and Baby and found their house locked. The complainant had full faith that his daughter (victim) had been kidnapped by those two women. The complainant continued to make attempt to trace out the victim but failed. During investigation, secret information was received that victim had been kept in the room constructed in the plot of Tahal Singh. Victim was recovered from the custody of all the three appellants. It is further alleged that Amarjit had been committing rape upon the victim with the consent of Baby and Bimla. Investigation was conducted and challan was presented against the accused.

(3.) The prosecution in order to bring home the guilt of the accused examined PW-1 HC Som Lal, PW-2 Ramji Lal, PW-3 prosecutrix (victim), PW-4 Dr. Surinder Kaur, Medical Superintendent, Civil Hospital, Jalandhar, PW-5 Dr. Sudesh Kumar Dadra, Medical Officer, PW-6 Dalip Singh, PW-7 ASI Joginder Singh, PW-8 Sunder Kumar, PW-9 SI Harbhajan Singh and closed the prosecution evidence.