SURINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction, and the order of sentence dated 29.7.1994, rendered by the Court of Addl. Sessions Judge, Ludhiana, vide which it convicted the accused/appellant, for the offence, punishable under Section 363 of the IPC, and sentenced him to undergo rigorous imprisonment for a period of five years, and to pay a fine of Rs. 500/-, and in default of payment of the same, to undergo rigorous imprisonment for another period of six months.

(2.) THE facts, in brief, are that, Ram Rattan, father of the prosecutrix made a statement, on 2.10.1992, to the effect, that he was a resident of Viskarma Colony, Ludhiana, where he was living with his family. His eldest daughter, the prosecutrix, aged about 16 years, was studying in 10+1, in Gurunanak Khalsa College, Model Town, Ludhiana. He had rented out two rooms, to Surinder Singh, accused, posted as a Constable at Ludhiana. On 5.9.1992, the prosecutrix had gone to attend the college, but she did not come back. He made continuous search of his daughter, by going to his relatives, and friends, but without any fruitful result. He entertained a belief, that his daughter, had been kidnapped by Surinder Singh, and had been taken to some place. On the basis of his statement, the FIR was registered. The investigation was taken up by Satnam Singh, ASI. He came to know from Police Lines, Ludhiana, that Surinder Singh, had been absent from duty since 27.9.1992. Thereafter, the investigation was entrusted to Hari Kishan, SI. On 13.10.1992, he (Hari Kishan, SI) was present at Cheema Chowk, at about 11.00 AM, when the prosecutrix met him there. He recorded her statement, Ex.DA. The father of the prosecutrix was called, and, thereafter, the prosecutrix was taken to the Civil Hospital, where she was medico-legally examined by lady doctor Dr. Jagdish Kaur. After medico legal examination, her custody was handed over to her father. On 17.10.1992, Hari Kishan, SI, was present alongwith other police officials, at Samrala Chowk, when the accused got down from a bus, which came from the side of Jalandhar. He was apprehended. He was arrested, and got medico-legally examined from the Civil Hospital, Ludhiana, from Dr. G.P.Mangla. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Dr. G.P.Mangla (PW-1), Mrs. Promila Kapoor (PW-2), Ravinder Singh (PW-3), Dr. Jagdish Kaur Sidhu (PW-4), Dr. Anupam Dutt (PW-5), Tarsem Singh, HC (PW-6), Ram Rattan (PW-7), Satnam Singh, ASI (PW-8), the prosecutrix (PW-9), and Hari Singh, SI (PW-10). Thereafter, the Addl. Public Prosecutor for the State, closed the prosecution evidence.