SUBEG SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred by the accused appellants mentioned above against the judgment of conviction dated 6.5.2013 vide which appellant-Subeg Singh has been held guilty and convicted for the offences punishable under Section 363, 366, 376 and 506 of the Indian Penal Code (hereinafter called 'the I.P.C.'), appellant Sarabjit Kaur has been held guilty and convicted for the offences punishable under Sections 363, 366 and 506 I.P.C. and appellant Buta Singh has been held guilty and convicted for the offences punishable under Sections 363/366 read with Section 120B/34 I.P.C. and 506 I.P.C. and the order of sentence dated 7.5.2003 vide which they were sentenced as under:

(2.) The investigation was carried out. The Investigating Officer searched for the prosecutrix and the accused. Ultimately, the prosecutrix along with accused appellant-Subeg Singh was apprehended on 29.5.2001 at Bus Stand Patran. The statement of the prosecutrix was got recorded by the Investigating Officer under Section 164 Cr.P.C. wherein she levelled the allegations for having committing rape upon her by appellant-Subeg Singh and that she was forcibly taken away by appellant-Subeg Singh to Amritsar and Kurukshetra where she was forced to wear new clothes and Chura and was compelled to have the photographs. She stated that Subeg Singh had taken her away without her consent and deceitfully. On the basis of the statement of the prosecutrix, offence punishable under Section 376 I.P.C. was added. The prosecutrix as well as accused Subeg Singh were got medically examined. Appellant Subeg Singh was arrested in this case on 29.5.2001. Appellants Sarbjit Kaur and Buta Singh was arrested on 7.6.2001 and on completion of the investigation, the report under Section 173 Cr.P.C. was presented in the Court.

(3.) The case was committed to the Court of Sessions for trial by the learned Judicial Magistrate, Samana vide order dated 7.9.2001.