(1.) VIDE this order, above mentioned two appeals would be disposed of as the appellants have challenged their conviction and sentence under Section 363, 366 -A, 342/34 of the Indian Penal Code, 1860 ('IPC for short) as ordered by the Trial Court vide judgment/order dated 30.7.1997.
(2.) PROSECUTION story, in brief, is that Charanjit Kaur granddaughter of Ujagar Singh and Kamaljit Kaur daughter of Nirmal Singh, were students of 10th class in Government High School, Smashpur. On 19.1.1995, both the girls had gone to school as usual. At about 2.00 P.M., it transpired in the school that the girls had gone missing. Headmaster of the school informed the families of the girls that they were missing. On enquiry, it transpired that the girls had been taken by a boy on his scooter. The matter was informed to the police. Ujagar Singh and Nirmal Singh thumb marked certain papers and they were under the impression that report had been recorded and case had been registered. On 20.9.1995, Ujagar Singh and Nirmal Singh again visited the school to ask the classmates of the girls about their whereabouts. Ujagar Singh and Nirmal Singh found out that the girls had been taken by a boy on a scooter. Devi, daughter of Raghbir Singh alias Rana and Jeeti son of Gulzar Singh were interrogated and it transpired that the girls had been kidnapped by Gurpreet Singh. Appellant Gurpreet Singh was arrested and during interrogation, it transpired that he had taken both the girls to Bajwa Gun House, Patiala and had handed over the girls to the owner of the gun house. Since no action was taken by the police against the accused, Ujagar Singh and Nirmal Singh filed CRWP No. 286 of 1995 in this Court and following order dated 11.7.1995 was passed by this Court while disposing of the said writ petition: - -
(3.) CHARGE was framed against the appellants under Section 363, 366 -A, 342/34 IPC vide order dated 27.7.1996.