NARINDER KUMAR @ SODHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal preferred by appellant Narinder Kumar @ Sodhi son of Satnam Singh against judgment dated 02.03.2010 of conviction rendered by Sh. K.C. Gupta, Additional Sessions Judge, Jalandhar whereby convictig the appellant for committing offences punishable under Sections 363, 366, 376 IPC by passing the order of sentence of the even date. The appellant was sentenced as under:

(2.) IT is the case of kidnapping with rape of a minor girl. Complainant Balihar Singh son of Gulzar Singh expressed suspicion of rape on Raju daughter of Pappu alleging that on 08.06.2009 she came to his house to see his daughter (Prosecutrix). He along with his wife, son and daughter went to sleep after taking dinner. He heard something at the gate of the house somewhere around 09.30 PM. He found that his daughter is missing. Thus he expressed his suspicion on Raju that she had abducted the prosecutrix. The matter was informed to Harnek Singh son of Tirath Singh Ex. Sarpanch of the village. They spent entire night in tracing the prosecutrix. At about 5.00 AM, the complainant came to know that the prosecutrix has reached the house of his co -brother Jaswant Singh situated in Geeta Colony. When they reached there, the prosecutrix was found. Prosecutrix weepingly told the complainant that she was taken by Raju with dishonest intention in the Haveli where one person was already there. Raju disclosed the name of the person to her as Narinder Kumar @ Sodhi and also introduced him as a rich person. He offered his friendship to prosecutrix to which she refused. Raju brought a glass of water and after putting two tablets she was forced to drink. Thereafter, she fell unconscious and was made to lay on the ground. Raju caught her by her arms whereas appellant Narinder Kumar @ Sodhi removed her Salwar and underwear and committed rape on her. Thereafter, Raju sprinkled water on her face and threatened her not to disclosed this fact to anyone. Thereafter, she was made to sit on the motorcycle between Raju and Narinder Kumar @ Sodhi and she was dropped near the house of sister of her mother.

(3.) ON this statement of Balihar Singh the FIR of this case was registered. After completion, the case was investigated. Prosecutrix as well as accused were medically examined. Statement of the prosecutrix was recorded under Section 164 Cr.P.C. After completion of necessary investigation, the challan was put in the court. Finding a prima -facie case against the appellant for committing offences punishable under Sections 363, 366 and 376 IPC, he was chargesheeted accordingly to which he did not plead guilty but claimed trial. After taking prosecution evidence and recording of statement of accused under Section 313 Cr.P.C., the judgment of conviction dated 02.03.2010 was recorded and the appellant was sentenced vide order of the even date as mentioned above.