RAVINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant, namely, Ravinder Kumar, has filed this appeal against the judgment dated 29.04.2011, passed by the learned Additional Sessions Judge, Jalandhar, vide which, the appellant was convicted under Sections 363, 366, 376 IPC. The brief facts of the case are that the daughter of Babu Ram aged about 13 years, resident of House No. 355, Jaswant Nagar, Jalandhar, was found missing from the house on 09.07.2010 at about 07:00 P.M., after he returned from his duties. On 15.07.2010, Babu Ram went to SI Malkiat Singh of Police Station Division No. 7 and made statement that it was confirmed that his daughter was kidnapped by Chandan Kumar (since proclaimed offender) and accused Ravinder Kumar, aforesaid, played active role in such kidnapping. SI Malkiat Singh registered FIR under Section 363, 366 and 120-B of IPC against the accused and started investigation. The victim girl was recovered and on 18.07.2010, she was produced before the learned Judicial Magistrate where she made statement which after translating from Punjabi to English is reproduced as under:-

(2.) After recording the aforesaid statement before the learned Judicial Magistrate, the victim was sent with her parents. SI Malkiat Singh then added offence under Section 376 IPC by way of lodging report in the roznamcha. X-ray examination to ascertain her age was also conducted. Vaginal swabs were preserved and sent to the Chemical Examiner. According to the Chemical Examiner Report, spermatozoa was detected on the vaginal swabs. Accused-Ravinder Kumar was arrested. After completion of entire investigation, accused Ravinder Kumar was challaned to face trial under Sections 363, 366, 376 and 120-B IPC.

(3.) After commitment of the case to the Court of Sessions, the charge under Sections 363, 366 and 376 IPC was framed-against the accused, to which he pleaded not guilty and claimed trial.