SATWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant is aggrieved by the judgment of conviction and sentence dated 05.05.2009, passed by the Additional Sessions Judge, Jalandhar. He was convicted and sentenced to undergo rigorous imprisonment for a period of 7 years for commission of offence under Section 376 IPC along with a fine of Rs. 2,000/ -. In default of payment of fine he was to further undergo rigorous imprisonment for a period of 4 months. He was also sentenced to undergo rigorous imprisonment for a period of 7 years for commission of offence under Section 366 IPC along with a fine of Rs. 2,000/ -. In default of payment of fine he was to further undergo rigorous imprisonment for a period of 4 months. Both the sentences were to run concurrently.

(2.) IT is necessary to first notice the circumstances which led to the registration of the FIR against the appellant who was posted as Sub -Inspector of Punjab Police in 2007. On 14.02.2007, Lachhman Ram, father of the victim approached the police and lodged a complaint that his daughter who was just close to 15 years had stepped out of the house along with a neighbourer to purchase medicines and were proceeding towards Bus Stand Vidhipur at 6:30 PM. On the way a white car bearing registration No. PB -08 -4667 came from Jalandhar side and stopped by their side. A person wearing a police uniform stepped out. He was wearing a head gear. He started asking questions, threatening and making accusations and pulled the girl into the car and left. Janardhan and Manoj went to the house of the complainant and narrated the kidnapping incident. The FIR was registered under Section 365 IPC.

(3.) LACHHMAN Ram, complainant was a resident of Jharkhand, he had moved to Punjab and was working as a Chowkidar at a rice sheller. His daughter was working as a helper in REC College at Jalandhar. The girl returned the next day and narrated the incident. The police was informed and her medical was got done. The girl did not have any clue as to where she was taken and who was the perpetrator but she complained of rape.