SURINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) VIDE judgment dated 15.11.1986 appellant has been convicted under Sections 366 and 376 IPC and sentenced to rigorous imprisonment for a period of 7 years and to pay a fine of Rs. 500/- on each count with a further stipulation that in case fine is not paid he shall undergo rigorous imprisonment for a period of 6 months in addition thereto.

(2.) MANGAT Ram, brother of the prosecutrix-Kanta Rani lodged report with the police on 1.11.1985 stating that he has got four sisters, out of them three are elder to him and are married whereas youngest sister Kanta Rani-the prosecutrix is 15 years of age and unmarried. He further stated that about 12/13 years back his father Shiv Lal expired. On his death his mother Ram Kalli married Gaya Parsad alias Ram Parsad and ever since then he alongwith his sister and his mother Ram Kalli are staying with him. It is on the night intervening 25/26-10-1985, while they were sleeping in their house that when he got up at about 4.00 A.M., he found Kanta Rani missing from the house. He thereafter alongwith Gaya Parsad enquired about the whereabouts of Kanta Rani from the neighborhood but could not find her. In the morning one Joginder Singh son of Jaggat Ram resident of Killa Mohalla, Kapurthala came to their house and informed that he had seen Kanta Rani going on Amritsar road alongwith Surinder Kumar accused resident of Mohalla Hathikhana, Kapurthala, whose house is at the back of the house of the complainant-Mangat Ram. Surinder Kumar was also found not present at the house. Accordingly, Mangat Ram stated that he has a suspicion that his sister Kanta Rani has been kidnapped.

(3.) AFTER recording statement of the accused under Section 313 Cr.P.C. an opportunity was afforded to him to lead evidence in defence. He, however, did not lead any evidence.