MUNISH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence dated 02.06.2016, vide which the appellant has been held guilty under Sections 363, 366 of Indian Penal Code (for short, IPC). He was sentenced to undergo RI for 05 years under Section 363 IPC and to pay fine of Rs.50,000/- and in default of payment of fine to further undergo RI for 06 months. He was further sentenced to undergo RI for 05 years under Section 366 IPC and to pay fine of Rs.50,000/- and in default of payment of fine to further undergo RI for 06 months. However, he was ordered to be acquitted of the charges framed against him under Section 366-A IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012. Both the sentences were ordered to run concurrently.

(2.) Brief facts of the case are that on 02.07.2015, ASI Malwinder Singh along with other police officials was present in the areas of village Karheri in connection with Patrolling, where complainant Veena along with her relative met the police party and got recorded her statement narrating therein that she used to perform work in the houses of the people. She was two daughters and a son. She saw Munish Kumar roaming around her house many times. She stopped him and informed that father of Munish Kumar in this regard. On 25.06.2015, she along with her son had gone to her in laws village Hassi Haryana while both her daughters were at home. She returned home in the evening at about 5.30 PM and asked her younger daughter to bring milk. Her daughter brought the milk and after consuming it, they all went to sleep. The complainant further narrated that her daughters had gone some where and did not return home. She searched for them but could not succeed. She has an apprehension that her daughters were abducted by Munish Kumar by alluring them.

(3.) On the basis of his statement, an FIR for offences punishable under Section 363/366-A IPC was registered and investigation commenced. ASI Malwinder Singh during the course of investigation, visited the house of the complainant and prepared the rough site plan. Statements of the witnesses under Section 161 Cr.P.C were also recorded. Search of the accused was conducted but he could not be traced. On 10.07.2015, ASI Malwinder Singh along with his companions reached in front of District Courts, Patiala for search of the accused. There one Kulwant Singh, a relative of complainant Veena joined the police party. Accused Munish Kumar along with both the girls were found in Baradari Garden near Kali Mata Mandir, Patiala. Accused was arrested and his arrest memo and personal search memo were prepared. The recovery memo of both the girls was also prepared and they were produced before the SHO, Police Station, Sadar, Patiala. The complainant was called to the police station and the girls and the girls were handed over to her. Accused was got medically examined and on the next dated i.e. on 11.07.2015, both the girls were got medically examined. On 13.07.2015, Lady Constable Sarabjit Kaur handed over two sealed boxes and tow sealed envelops to SI Balwinder Kaur, which were taken into police Station through recovery memo. On 15.07.2015, the girls were produced before the learned Area Magistrate, where their statements under Section 164 Cr.P.C. were recorded. On 28.07.2015, opinion from the concerned medical officer regarding commission of rape was obtained. Further, investigation was carried out and on completion of the investigation, challan against the accused was prepared in the Court.