GOURAV Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present appeal against judgment of conviction dated 11.02.2014 and order of sentence of even date passed by Additional Sessions Judge, Pathankot, whereby appellant Gourav was convicted and sentenced as under: <FRM>JUDGEMENT_215_LAWS(P&H)12_2015_1.html</FRM>

(2.) Relevant facts of the case that the prosecutrix (name not disclosed) was allegedly kidnapped by three accused persons, namely, Gourav, Harish @ Monti and Yudhvir Saini on 21.02.2010 from S.D. College, Khosla Mill, Sarna. Prosecutrix aged about 171/2 years was a student of B.A.-III year and had gone to her college. As she had not gone back to her parental home till 6 PM, Sushma, mother of prosecutrix, reported the matter to the police and police started the investigation. Thereafter, on 11.03.2010 Sham Lal, father of prosecutrix, got recorded DDR No.16 dated 11.03.2010 and name of appellant Gourav was given. Later on, prosecutrix came back to her parental home on 26.04.2010. Prosecutrix was produced before police and her statement was recorded by the police and the prosecutrix named Gourav as an accused, who had kidnapped her by way of inducement with the promise to perform marriage and thereafter she was taken to different places and made physical relation with her on false promise. Prosecutrix was got medico-legally examined from Civil Hospital, Pathankot and Section 376 IPC was added. Investigation was completed and challan was presented in the Court.

(3.) During trial of the case, learned trial Judge after completing various formalities including framing of charge against the accused persons for the commission of offences under Sections 363, 366-A and 376 IPC, recording of statement of prosecution witnesses, examining of accused under Section 313 Cr.P.C. and after considering the prosecution evidence and defence version held appellant Gourav guilty and convicted and sentenced him for the said offences.