MAHAVIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 4.12.2003 vide which accused appellant-Mahavir Singh was held guilty and convicted for the offences punishable under Sections 366/376 of the Indian Penal Code (in short 'the IPC) and the order on the quantum of sentence of the even dated vide which he was sentenced as under: <FRM>JUDGEMENT_8_LAWS(P&H)12_2015_1.html</FRM>

(2.) The catalogue of the facts giving rise to this prosecution are that on 29.5.2002, the prosecutrix, daughter of complainant Charanjit Kaur, aged about 16 years, was found missing from her residence at Kailash Nagar, P.S. Focal Point, Ludhiana. Complainant-Charanjit Kaur, her mother, who was working as a Sweeperess in Oswal Hospital, Ludhiana searched her at near and dears but to no avail. That on 1.8.2002, she learnt that appellant Mahavir, resident of near Sangeet Cinema, who had visited their house for 2-3 occasions, had kidnapped her daughter by alluring her for marriage. She reported the matter to the police vide her statement Ex.PW-3/1, on the basis of which, the formal FIR Ex.PW8/1 was registered and investigation was carried out for the offences punishable under Sections 363/366 IPC. The Investigating Officer inspected the spot and prepared the rough site plan of the place of occurrence.

(3.) On 3.8.2002, the Investigating Officer conducted raid at the house of Jaswinder Pal Kaur, wife of Harbhajan Singh and recovered the prosecutrix. He recorded the statement of the prosecutrix wherein she disclosed that the present appellant visited their house to enquire about the health of her mother and told her that he wanted to marry her. The said proposal was not accepted by her and out of fear she did not disclose the incident to her mother.