AMRIK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order of sentence dated 18.2.1998 passed by the Court of learned Additional Sessions Judge, Sangrur whereby he convicted and sentenced the accused/appellant to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1,000/- and in default of the same, to further undergo sentenced to undergo rigorous imprisonment for two pay a fine of Rs. 500/- and in default thereof, to further undergo rigorous imprisonment for one month under Section 366-A IPC with a further direction that these sentences shall run concurrently.

(2.) THE facts is brief of the prosecution case are that on 14.6.1993 at about 2:00 p.m., Amrik Singh (referring to the accused) a neighbour of the complainant Gurmukh Singh PW took away the prosecutrix (To prevent her social victimisation, her name has been kept secret in view of the observations rendered by the Apex Court in re: Premia @ Prem Prakash v. State of Rajasthan, 2008(4) RCR(Criminal) 539 : 2008(5) RAJ 490 (SC)) aged about 16/17 years grand daughter of Gurmukh Singh by inducing her by deceitful means. On search, Amrik Singh could not be tracked down, nor she could be found. On the basis of Gurmukh Singh's statement, formal FIR Ex. PW5/B was registered. On 13.9.1993, they both were found present at the Railway Station, Sangrur. On catching sight of the police party, an endeavour in vain was made to run away. He dragged her by holding her arm. On being given a chase, she was saved from his clutches. He was arrested. After observing usual formalities and on completion of investigation, the charge-sheet was laid in the Court of learned Judicial Magistrate Ist Class, Dhuri. Vide his order dated 24.12.1993, he committed the case to the Court of learned Sessions Judge, Sangrur for trial of the accused. On commitment, the case was entrusted to the Court of learned Additional Sessions Judge, Sangrur.

(3.) WHEN examined under Section 313 Cr.P.C, the accused denied all the incriminating circumstances appearing in the prosecution evidence against him. He has come up with a plea that he was earlier a student of Engineering College, Banglore and has been falsely involved in a case by Gurmukh Singh and his other relations in connivance with the police due to inimical relations. He examined DW1 V.B. Bhatnagar, Handwriting and Finger Prints Expert. After hearing the learned Additional Public Prosecutor for the State and the learned defence counsel, the learned trial Court convicted and sentenced the accused as noted supra. Feeling aggrieved with his conviction/sentences, he has preferred this appeal.