RAHUL @ DHOLU Vs. STATE OF U.T. CHANDIGARH

JUDGEMENT

(1.) Appellant has been convicted for the offence punishable under Ss. 363, 366 and 376 of the Indian Penal Code, 1860 (for short-'IPC') by the learned Additional Sessions Judge, Chandigarh, vide impugned judgment dtd. 24/5/2012 and by a separate order of conviction dtd. 26/5/2012, he has been sentenced as under:- Offence u/s Sentence 363 IPC Rigorous imprisonment for 03years; besides pay a fine of Rs.1000.00 and in default thereof to further undergo RI for 15 days 366 IPC Rigorous imprisonment for 07 years; besides pay a fine of Rs.5000.00 and in default thereof to further undergo RI for two months 376 IPC Rigorous imprisonment for 07 years; besides pay a fine of Rs.5000.00 and in default thereof to further undergo RI for 15 days Aggrieved therefrom, present appeal has been filed by the appellant.

(2.) Brief facts essential for the adjudication of this case are that a wireless message regarding missing of a girl was received on 16/1/2011 at Police Post Sector 24, Chandigarh. SI Gurdial Singh along with other police officials reached the spot, where the mother of the victim recorded her statement to the effect that she was a housewife and her husband was doing the work of denting etc., in Sector 28 Chandigarh. Their daughter, aged about twelve (12) years was studying in 6th at the High Court in Sector 25, Chandigarh. It was stated that on the intervening night of 15/16/1/2011, the prosecutrix was sleeping in the house, while the complainant was sleeping in the Jhuggi adjoining the house. In the meantime, younger son of the complainant came and informed her that the present appellant had kidnapped the prosecutrix. Complainant's son tried to rescue her, but the appellant took away the prosecutrix. Complainant along with her husband tried to locate their daughter, but to no avail. It was alleged that the appellant had kidnapped their daughter with an intention to forcibly marry her. Necessary action was prayed for.

(3.) Ruqa was sent to the Police Station, on which formal FIR No.17 dtd. 16/1/2011, was registered under Ss. 363, 366, 376 IPC. Investigation was set in motion. Site plan of the place of occurrence was prepared. Date of birth certificate of the victim was taken in custody. Appellant was apprehended on 19/1/2011 from the local bus stand at PGI, Chandigarh along with the victim. He was arrested on identification by the complainant. Prosecutrix was medico-legally examined at the General Hospital, Sector 16, Chandigarh by Dr. Suneet Walia, Medical Officer, General Hospital, Sector-16, Chandigarh (PW-5) on 20/1/2011. Vaginal swabs were taken in custody. The victim was referred for an ossification test. Sealed parcels taken in police custody were sent to Forensic Science Laboratory (for short 'FSL'), Madhuban for analysis. As per FSL report (Ex.P-4), semen was detected on the underwear of the victim. Final report under Sec. 173 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') on completion of investigation was presented against the appellant. Charge against the appellant was framed on 11/8/2011, to which appellant pleaded not guilty and claimed trial.