SHAMSHUDDIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant criminal appeal has been filed against the judgment and order dated 11.03.2013 and 12.03.2018 respectively passed by the Additional Sessions Judge, Ludhiana whereby, the appellant/accused herein has been convicted and sentenced to undergo rigorous imprisonment for a period of 03 years and to pay fine of RS. 2000/- under Section 363 of Indian Penal Code, to undergo rigorous imprisonment for a period of 05 years and to pay fine of RS. 3000/- under Section 366 of Indian Penal Code and to undergo rigorous imprisonment for a period of 07 years and to pay fine of Rs. 5000/- under Section 376 of Indian Penal Code, besides to undergo simple imprisonment for different periods in default of payment of fine under the said sections in FIR No.130 dated 23.12.2011, under Sections 363, 366-A, 376 of Indian Penal Code, registered at Police Station Division No.2, Ludhiana.

(2.) In short, the case of the prosecution finds its origin in the statement given by Smt. Asha Devi wife of Siri Ram to the police on 23.12.2011 wherein, she alleged that on 21.12.2011, her daughter (prosecutrix) aged 15 years went to Bazar for purchasing vegetables but did not return home. They tried to search for her, but could not succeed. However, they came to know that Shamshudin son of Sakur, who is already married, had enticed her daughter on the pretext of marrying her. On the basis of the aforesaid statement, the instant case FIR has been registered. During investigation, the accused was arrested and the prosecutrix recovered from the possession of accused and her custody was handed over to her parents. Medical examination of both the prosecutrix as well as accused was got conducted. During the course of investigation, statement of the witnesses was recorded under Section 161 Cr.P.C. and after completing the investigation, challan against the accused was presented in court.

(3.) Copies of the documents and challan were supplied to the accused under Section 207 Cr.P.C. and the case was committed to the Sessions Judge, Ludhiana, and charges under Sections 363, 366-A, 376 of Indian Penal Code were framed against the accused, to which he pleaded not guilty and claimed trial.