SURAJ SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused Suraj Singh faced trial by learned Additional Sessions Judge, Panchkula, who vide judgment dated 7.10.2004 convicted him for an offence under Section 363 IPC and vide order of sentence dated 8.10.2004 sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 1,000/- and in default thereof, to further undergo simple imprisonment for two months.

(2.) The accused-convict Suraj Singh, who is appellant before this Court prays that the appeal be accepted, the impugned judgment of conviction and order of sentence be set aside and he be acquitted of the charge framed against him.

(3.) Briefly stated, the facts of the case as per the prosecution story are that criminal machinery in this case was set into motion by complainant Smt.Kusum, resident of Rajiv Colony, Panchkula, who in her statement made to Incharge, Police Post, Sector 16, Panchkula on 9.2.2004 at about 5:00 p.m. stated that she has four children, eldest being a daughter (daughter name not being mentioned to conceal her identity and referred to as 'the prosecutrix') having date of birth 22.2.1988; that the prosecutrix had failed in 8th class and had left studies; that she used to go to Ritu Beauty Parlour, Mauli Jagran, Chandigarh to learn the art of beautician; that on 5.2.2004, she had gone to beauty parlour at about 2:00 p.m. but did not return home; that the complainant searched for her but she could not be located, subsequently, it came out that accused Suraj Singh living in neighbourhood of the complainant was also missing and he had kidnapped the prosecutrix, who was minor at that time.