GURDIAL SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) CRM NO. 10879 OF 2014 The application stands allowed and the applicantappellant is exempted from filing the typed copy of the judgment of trial court.

(2.) Brief facts of the case are that on 17.07.2013, complainant/appellant got recorded his statement to the effect that he has three daughters and two sons. One of his daughter is married. His another daughter (prosecutrix) is aged about 13 years and is student of class 7th in the school of his village Mahasinghwala. On the night of 15.07.2013 his entire family had gone to bed after taking meals. On 16.07.2013 in the morning his daughter (prosecutrix) was found missing from her bed. They searched for her here and there and later on they came to know that one Suresh Kumar s/o Roshan Lal, who had shifted in their village 8/9 months ago, had enticed away his daughter with an intention to marry her. After recording the statement, ruqa was sent to police station on the basis of which, formal FIR was registered. Rough site plan was prepared and statements of witnesses were recorded. On 22.07.2013, SI Dharamvir along with other police officials was present at bridge of canal Bhakra river of village Harigarh Gehlan, where he received secret information that Suresh Kumar and the prosecutrix are present in the area of Beerr situated in the area of village Harigarh Gehlan. Accordingly, Suresh Kumar was arrested from Beerr Gehlan. Prosecutrix was also recovered from his possession. Statement of prosecutrix was recorded in which she deposed that Suresh Kumar committed penetrative sexual assault upon her in Beerr Gehlan. On 25.07.2013 the statement of prosecutrix was recorded under Section 164 Cr.P.C before SDJM, Moonak, in which she also named Arjan Singh as co-accused. Arjan Singh was also arrested. Investigation was carried out. After completion of investigation, challan against the accused was presented in Court.

(3.) On presentation of challan, copies of same were supplied to both the accused free of costs as envisaged under Section 207 Cr.P.C. Charge under Sections 120-B/363/120-B/366-A/120- B/506/120-B of the Indian Penal Code was framed against both the accused, to which they pleaded not guilty and claimed trial. On 30.10.2013, Suresh Kumar moved an application for declaring him juvenile under the Juvenile Justice Act. Thereafter accused Suresh Kumar was declared juvenile. Again amended charge under Sections 120-B/363/120-B/366-A/120- B/506/120-B of the Indian Penal Code was framed to which the accused pleaded not guilty and claimed trial.