MADAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is by the convicted accused who was sentenced to undergo rigorous imprisonment for a period of 7 years along with fine of Rs.1,000/- and in default of payment of fine, he was to undergo further imprisonment for a period of 3 months, under Section 376 IPC, by the Sessions Judge, Hoshiarpur, vide order dated 10.03.2004.

(2.) The case of the prosecution in brief is as under:- The mother of the prosecutrix had died 10 years ago. Her father was a band master. She had come to her maternal uncle's house in village Pandori Baghel Singh 3 4 days ago. Talks of her engagement were going on through Madan Lal accused, resident of village Kotli Khas in his in- laws village Sarna. Allegations are that Madan Lal came to her maternal uncle's house at 8:00 P.M. and told her that Tarsem Lal, father of the prosecutrix was in village Sarna and the family in which the engagement was to be settled was also arriving and they were waiting to see the prosecutrix and he had been sent to bring the prosecutrix to the village.

(3.) Upon committal of the case, the accused appeared and pleaded not guilty and came to be tried. The prosecution examined 10 witnesses besides relying upon documentary evidence. During the examination under Section 313 Cr.P.C., the accused denied the incriminating circumstances appearing against him and pleaded false implication. He further stated that Preeto Devi, the Bua of the prosecutrix was responsible for kidnapping his brother's daughter and she was inimical towards him and he was falsely involved and was married and had four children. In defence, he examined Amarnath DW-1.