AJEEB SHAH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellants/convicts have filed the instant appeals against the judgment and order, dtd. 24/9/2020 respectively passed by the learned Special Judge, Chamba, whereby appellant Imran Khan @ Mithu has been convicted and sentenced to undergo ' rigorous imprisonment for 3 years and to pay a fine of Rs.20,000.00 and in default of payment of fine, simple imprisonment for 2 months under Sec. 363 of the Indian Penal Code (for short, 'IPC"); rigorous imprisonment for 3 years and to pay a fine of Rs.20,000.00 and in default of payment of fine, simple imprisonment for 2 months under Sec. 366 of IPC; rigorous imprisonment for 10 years and to pay a fine of Rs.40,000.00 and in default of payment of fine, simple imprisonment for 4 months under Sec. 376 of IPC; rigorous imprisonment for 10 years and to pay a fine of Rs.40,000.00 and in default of payment of fine, simple imprisonment for 4 months under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act"); whereas appellant Ajeeb Shah @ Kala has been convicted and sentenced to undergo ' rigorous imprisonment for 3 years and to pay a fine of Rs.20,000.00 and in default of payment of fine, simple imprisonment for 2 months under Sec. 363 IPC and rigorous imprisonment for 3 years and to pay a fine of Rs.20,000.00 and in default of payment of fine, simple imprisonment for 2 months under Sec. 366 of IPC. The substantive sentences of imprisonment, as imposed against each of the appellants, were ordered to run concurrently.

(2.) Since both the appeals arising out of the same judgment, therefore, they were taken up together for consideration and are being disposed of by common reasoning.

(3.) Brief facts of the case are that on 30/7/2016, PW2 Raj Kumar, complainant, reported to the police that his daughter (victim), aged about 17 ' years, was found missing from her residential house on 15/7/2016. She had gone to sleep after taking her meal, however in the morning, she was not found in the room. Her whereabouts were traced, but despite extensive search, it was not known where she had gone. On 16/7/2016, at about 9.00 P.M., his wife had received a phone call from his daughter, who disclosed that she had solemnized marriage with the appellant Imran Khan and thereafter phone call got disconnected and the mobile phone was later found to be switched off. In search of the victim, when he along with his wife reached the house of his father-in-law, Sikandar, he informed him that appellant Imran Khan had kidnapped the victim to solemnize marriage with her. It was further stated that victim was minor and her date of birth was 16/11/1988 and action be taken against him.