VICKY @ SONU Vs. STATE OF U T

JUDGEMENT

(1.) The present appeal is directed against the judgement dated 09/07/2011 and order dated 12/07/2011 passed by the learned Additional Sessions Judge, Chandigarh vide which the appellant herein (Vicky @ Sonu) has been convicted and sentenced to undergo rigourous imprisonment for a period of 3 years and to pay fine of Rs.1000/- and in default of payment of fine to further undergo rigorous imprisonment for 15 days for the offence punishable under Section 363 IPC. He has further been sentenced to undergo rigorous imprisonment for a period of 5 years and to pay fine of Rs.2000/- and in default of payment of the same, to further undergo imprisonment for one month for the offence punishable under section 366 IPC. He has also been sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.5000/- and in default of payment of the same, to further undergo imprisonment for 2 months for the offence punishable under section 376 IPC.

(2.) Briefly the facts of the case are that on 29/11/2010, complainant met SI Chiranji Lal and got recorded his statement to the effect that he is resident of House No.1156, Pushpac Complex, Sector 49, Chandigarh and is an insurance agent of National Insurance Company. His daughter Divya Jyoti aged 15 years left his house on 24/11/2010 without any information and a DDR No. 29 dated 24/11/2010 regarding her missing from home was lodged. On 29/11/2010, he came to know that Vicky Soni aged 20 years had enticed her daughter and taken her with him on the pretext of marriage.

(3.) On the said statement, rukka was sent to the police station for registration of the case and accordingly formal FIR (Ex.P19) for the offence punishable under sections 363, 366 IPC was registered. In pursuance to registration of the said FIR, the appellant was arrested on 29/11/2010, prosecutrix was recovered and after her medico-legal examination, was handed over to her father (complainant). Accused was also got medico-legally examined to ascertain whether he was capable to perform sexual intercourse or not On medico-legal examination of the prosecutrix, offence punishable under section 376 IPC was added. Thereafter, statement of the prosecutrix under section 164 Cr.P.C. was got recorded before JMIC, Chandigarh on 30/11/2010 (Ex.P10). The sealed parcels containing samples which were taken into possession by the police during the medical examination of the prosecutrix were sent to CFSL, Chandigarh. Statement of the witnesses were recorded under section 161 Cr.P.C., site plan of the place of kidnapping was prepared and on completion of investigation, the accused was sent to face trial for commission of offences punishable under sections 363, 366, 376 IPC to the Court of learned Sessions Judge, Chandigarh vide commitment order dated 24/02/2011 passed by the J.M.I.C., Chandigarh.