PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 30.09.2011, vide which the appellant was convicted for the offences punishable under Sections 366A, 376 of the Indian Penal Code ('IPC' for short) and vide order of sentence dated 30.09.2011, he was awarded R.I. for 10 years and to pay a fine of Rs.10,000/- under Section 376 IPC. In default of payment of fine, the appellant was further ordered to undergo imprisonment for six months and R.I. for 05 years along with a fine of Rs.5,000/- under Section 366A IPC and in default of payment of fine, he was to further undergo imprisonment for three months.

(2.) Brief facts of the case are that an FIR No.53 dated 19.05.2009 under Sections 363A, 366, 376, 120-B IPC, Police Station Sadar Kotkapura was registered on the statement of Harbans Kaur, mother of the prosecutrix. As per the version given by her, on 18.05.2009 at about 10.00 AM, she along with her husband Sukhdev Singh, two sons and daughter Ramandeep Kaur were present in the house. Her daughter Ramandeep Kaur was aged about 14 years and she went to a nearby shop and did not return. When they were searching for her, one Hukam Singh son of Mangat Ram and Kirpal Singh son of Mehar Singh met her near Ram Dass Mandir and told that her daughter Ramandeep Kaur and Pal Singh (accused-appellant) were going towards bus stand. After reaching the bus stand, she could not find her daughter and Pal Singh. It was further stated that Pal Singh-appellant had kidnapped her daughter Ramandeep Kaur, a minor. It was further stated that Pal Singh is aged about 18/19 years. On the basis of her statement Ex.PA made to the police and endorsement Ex.PA/2 made by ASI Amrik Singh, the information was sent to the police station and FIR Ex.PA/3 was registered by ASI Ram Singh. He made his endorsement on ruqa Ex.PA/4 and also recorded the statements of Hukam Singh and Kirpa Singh. On 11.07.2009, SI Roop Chand recovered Ramandeep Kaur, while she was standing with the appellant Pal Singh near Jubilee Cinema Chowk, Faridkot and recorded her statement and thereafter, the offence under Section 376 IPC was added and accused Pal Singh was arrested. After medico-legal examination of Ramandeep Kaur as well as of the accused, other formalities were completed and the accused was presented before the Illaqa Magistrate. Thereafter, the challan was presented and a copy thereof was supplied to the accused persons.

(3.) The trial Court vide order dated 08.10.2009 committed the case to the Court of Sessions and therefore, vide order dated 09.11.2009, charges were framed against accused persons Pal Singh, Rajnit Singh and Resham Singh under Sections 366, 376 IPC read with Section 120-B IPC.