KULWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Since common questions of law and facts are involved in the aforesaid appeals, therefore these are taken up together and disposed of by a common judgment.

(2.) The aforesaid four appeals are instituted against the judgment and order dated 22.02.2013 rendered by the Additional Sessions Judge, Patiala in Sessions Case No.21 dated 01.11.2012 whereby the appellants, who were charged with and tried for offences punishable under Sections 364, 366, 382, 376(2)(g) and 506 of the Indian Penal Code (in short 'IPC') read with Sec. 34 IPC, have been convicted thereunder and sentenced as under:-

(3.) The case of the prosecution in a nutshell is that on 22.08.2012 SI Karnail Singh along with his police party in connection with Nakabandi, was present at Dakala Octroi Post. Mohit Joshi got recorded his statement to the effect that he was doing the course of Chartered Accountant. He used to take tuition in Bright Professional Institute, Chhoti Baradari, Patiala, from 05.30 P.M. to 08.30 P.M. He along with prosecutrix (name withheld) were taking tuition for CA classes. As usual both of them after taking tuition were coming to their houses on 21.08.2012. The prosecutrix was on her Activa vehicle. He was riding on his motor cycle. From the side of Dakala Octroi Post, they moved over to embankment and turned towards Dakala road. After going about 400 yards ahead, when they were in the process of returning towards Urban Estate, then from behind two motor cycles came. It was dark. He could not read their registration numbers or colours. Two persons were driving the motor cycles while two persons were pillion riders. Two persons got down from the motor cycles. They asked the complainant that what were they doing. They started scuffling with the complainant. They demanded purse and mobile. They forcibly took away the prosecutrix and made her sit on the motor cycle and sped away. The occupants of other motor cycle also followed them. SI Karnail Singh cordoned off the entire area. When SI Karnail Singh was conducting checking of vehicles in front of Bhupinder International Public School, then a girl came out from the Beer (jungle). She was perplexed. She disclosed her particulars. It was found that she was the same girl who was abducted. The prosecutrix was taken to the spot. Rough site plan was prepared. The prosecutrix was medico legally examined. On the basis of information supplied by the prosecutrix, SI Karnail Singh started searching accused. Two clean shaved persons came out of thick bushes and tried to run away. They were nabbed. Another person also tried to run away from the bushes. He was also apprehended. First person disclosed his name as Kulwinder Singh @ Billu. Second person disclosed his name as Amandeep Singh @ Aman. Third person disclosed his name as Harinderjit @ Babby. They were taken into custody. The prosecutrix had identified them. Kulwinder Singh @ Billu and Amandeep Singh @ Aman made disclosure statements on 23.08.2012 on the basis of which motor cycle was got recovered. Accused Narinder @ Neelu surrendered in the Court on 27.08.2012. He made disclosure statement that he had kept concealed the mobile phone. He could got it recovered. Mobile phone was recovered. Statement of the prosecutrix under Sec. 164 Crimial P.C. was recorded on 13.09.2012. Investigation was completed and challan was put up after completing all the codal formalities.