GURTEJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant criminal appeal has been filed against the judgment/order dated 18.02.2010 passed by the Additional Sessions Judge, Sangrur whereby, the appellant-accused herein has been convicted and sentenced to undergo rigorous imprisonment for a period of five years as well as to pay fine of ' 3000/- under Section 363 of Indian Penal Code in case FIR No.7 dated 26.01.2009, registered under Sections 366-A, 376, 363 of Indian Penal Code at Police Station Dhuri.

(2.) In brief, the facts of the case are that complainant-Magher Singh made a complaint to the effect that he is an agriculturist and has two daughters and one son. His eldest daughter Amandeep Kaur was studying in 10+1 class in Arya School, Dhuri. Accused Gurtej Singh used to take tuition classes for the complainant's daughter and due to this reason, he used to visit their house. On 25.01.2009, Gurtej Singh came to their house on motorcycle and seduced his daughter and took her along with him on his motorcycle. They searched for their daughter, but could not find her. On the basis of aforesaid complaint, the instant case FIR came to be registered. During the course of investigation, site plan was prepared, statements of the witnesses were recorded, daughter of the complainant was got recovered and her statement under Section 164 Cr.P.C. was recorded. Her custody was handed over to her relatives, accused was also arrested and his medical examination was got conducted and after completing the investigation, challan was presented against the accused.

(3.) Copies of the final report were supplied to the accused free of costs and on finding a prima case under sections 366-A, 376, 363 of Indian Penal Code, he was charge-sheeted accordingly, to which he pleaded not guilty and claimed trial.