MISHRA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant has been convicted for the offence punishable under Section 376 IPC and sentenced to undergo rigorous imprisonment for ten years, besides, pay a fine of Rs. 5,000/- and in default thereof, undergo further rigorous imprisonment for six months vide judgment and order dated 06.03.2013 passed by the learned Additional Sessions Judge, Sangrur.

(2.) Brief facts necessary for adjudication of the case are that, FIR No.11 dated 101.2013 (Ex.PN/2) was registered on the statement (Ex.PN) of the father of the prosecutrix/victim recorded on 101.2013. The complainant, aged about 32 years stated that he did labour to earn a living and has three children, the eldest being a son 18 year old, a daughter 15 year old (the victim in this case) and the youngest child, another daughter aged about 10 years. The complainant stated that his sister's daughter Rajvir Kaur (the co-accused, since acquitted by the learned trial court vide impugned judgment) and her husband Mishra Singh (the appellant) came to their village on 07.01.2013 to meet them.

(3.) The appellant and his wife Rajvir Kaur stayed at the complainant's house for about 4-5 days. On 11.01.2013, the complainant left for doing labour work. His wife had also left for doing labour work in the village. Both his daughters as well as his sister's daughter and her husband (the appellant) remained at home. It is stated that when the complainant came back home on 11.01.2013 in the evening after work, his elder daughter was not found present at home neither were the appellant and his wife present there. The complainant searched for all of them in the village but could not trace them out. The complainant revealed that his sister-in-law Inderjeet Kaur wife of Joginder Singh, who lived in the adjacent house told him that at about 12.00 noon, his daughter had been taken away by the appellant and his wife. It is stated that despite best efforts he could not trace out the said persons. A suspicion was raised that his sister's sonin-law Mishra Singh, the present appellant and his wife Rajvir Kaur have enticed and kidnapped his daughter. He prayed for action to be taken against the said persons. Formal FIR No.11 (Ex.PN/2) was initially registered under Sections 363/366A IPC on 12.01.201 The victim was recovered in the company of the appellant and his wife on 15.01.201