RASHEED Vs. U.T. CHANDIGARH AND ORS.

JUDGEMENT

(1.) The appellant faced trial of the charges under Sections 366-A and 376 of Indian Penal Code (IPC) for kidnapping and raping a six years old girl child. Learned trial Court held the appellant guilty of charge under Section 376 IPC and acquitted him of the second charge with the observations that there was no authentic evidence in proof of offence under Section 366-A IPC. The trial Court awarded sentence to appellant to undergo rigorous imprisonment for seven years and to pay fine of Rs. 50,000/-, in default to further undergo rigorous imprisonment for one year under Section 376 IPC.

(2.) It has emerged during the trial that the victim was living with her maternal grandmother at Dadumajra Colony, Chandigarh. The incident happened on 14.05.2010. On that day mother of the victim came to her mother's house in the morning. The complainant herself is resident of Dhanas, Chandigarh. It was stated that while the prosecutrix was playing in the park in the afternoon, the complainant saw one boy giving some eatables to the girl and went away after sometime. At about 6 o'clock again the complainant was sitting in the park and her daughter was playing there. The complainant saw the same boy wandering there. After sometime the prosecutrix went missing. The complainant suspected that boy to have kidnapped the girl.

(3.) On receiving telephonic message the police party headed by ASI Kuldeep Singh, reached the spot. Application Ex. PC was handed over to the investigating officer at 09.50 p.m. The same was sent to the police station by making an endorsement and FIR Ex. PJ was registered.