AJAY KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 18.9.1995 passed by Additional Sessions Judge, Amritsar, whereby he convicted the appellant under Sections 363/366 read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for four years on both the counts. He was ordered to pay a fine of Rs.200/-; in default thereof, he was further directed to undergo rigorous imprisonment for two months only under Section 363/34 of the Indian Penal Code. Both the substantive sentences were ordered to run concurrently. However, remaining accused, namely, Ajay Kumar alias Dimpy son of Hargopal, Narinder Kumar alias Bitta, Anil Kumar @ Babbu son of Surinder Kumar and Dharminder Kumar were acquitted of the charges framed against them.

(2.) Briefly stated the facts of the prosecution case are that on 4.11.1991 Sub Inspector Kabal Singh posted in Police Station 'E' Division, Amritsar alongwith other police officials was present at Chowk Malkan Statue in connection with patrol duty. In the meantime, Sardari Lal son of Piara Lal, resident of Gali lallanwali, Katra Ahluwalia, Amritsar, met him Criminal Appeal No. 608-SB of 1995 2 there and got recorded his statement, Ex. PA, before Sub Inspector Kabal Singh stating therein that he is the resident of Gali lallanwali, Kt. Ahluwalia, Amritsar. He has two sons and one daughter. Sunil Kumar aged about 26 years is the eldest. Sonia Aggarwal, aged 15 years, is younger than Sunil Kumar. Sham Lal, aged 13 years, is the youngest. He had gone to Calcutta in connection with his business. On 10.10.1991 when he came back to his house, he came to know that Rakesh Kumar alias Rocky son of Yash Pal Sharma, resident of 23-B, New Vijay Nagar, Jalandhar City, has kidnapped his daughter Sonia Aggarwal with intent to marry her. He searched for his daughter and Rakesh Kumar at various places, i.e., Jalandhar, Dera Beas, Ludhiana and Delhi. Bittu and Raja sons of Pannu Ram, residents of Gali Mohd. Shah, near old Market, Bazar malkan, had got rented their one room to Rakesh Kumar alias Rocky at the rate of Rs. 150/- per month for about 11 months and the said Rakesh Kumar alias Rocky had left the room after living therein for about five months. The above named persons, namely, Bittu and Raja, Rody son of Shambhu Nath, resident of Chokkatra Ahluwalia, and Dimpi son of Hari Ram, resident of Gali Lallanwali, frequently used to visit Rakesh Kumar alias Rocky in the said rented room and he has suspicion that Bittu, Raja, Dimpy and Rody got abducted his daughter Sonia Aggarwal on 9.10.1991 by Rakesh Kumar alias Rocky son of Yash Pal, resident of 23- New Vijay Nagar, Jalandhar. Statement, Ex. PA, was read over to Sardari Lal, who signed the same after admitting the contents thereof to be correct. Sub Inspector Kabal Singh sent the same to the police station vide his endorsement Ex. PA/1 for registration of the case against the accused and on its basis, formal FIR. Ex. PA/2 was recorded by Assistant Sub Inspector Santokh Singh. Sub Inspector Kabal Singh recorded the statements of the witnesses. He arrested all the accused except Dimpy. During investigation, Rakesh Kumar accused was declared as proclaimed Criminal Appeal No. 608-SB of 1995 3 offender. After completion of the investigation, accused were sent up for trial under Sections 363,366,368/120-B IPC.

(3.) Appellant was charge sheeted under Sections 363/366 read with Section 34 of the Indian Penal Code, to which he did not plead guilty and claimed trial.