PINTU @ LAL SINGH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Appeal u/s. 374 Crimial P.C. by appellant- Pintu @ Lal Singh arises out of the judgment and order dated 21.11.2001 passed by the learned Additional Sessions Judge (Fast Track) No.1, Bharatpur by which the learned Special Judge has convicted the appellant for offence u/ss. 376(2)(g) and 366 Penal Code and sentenced him to undergo rigorous imprisonment for 10 years with a fine of Rs. 2,000.00, in default thereof, to further undergo rigorous imprisonment for one month on the first count and to undergo rigorous imprisonment for 3 years with a fine of Rs. 1,000.00, in default thereof, to further undergo rigorous imprisonment for 15 days on the another count.

(2.) Briefly stated the facts giving rise to the present appeal are that PW-7 Roshan Singh submitted a written report, Ex.P/7 at Police Station Sewar alleging therein that on 14.1.1999 in the night at 2.00 a.m., co-accused-Lukman and three others induced and kidnapped his daughter aged 16 years. The complainant stated that he can identify the accused, if confronted. The complainant plain ant specifically involved one Laxmi W/o Pooran Jat of his village in kidnapping his daughter. Laxmi happened to be the sister of accused-Lukman. According to the report, the accused had stayed at the residence of Laxmi on 13.1.1999. It was alleged that accused, with an intention to steal, also took away one gold ring, a gold chain and gold ear-rings. It was alleged that Bhagwani and Samandar had seen the accused taking away his daughter in the night at 2.00 p.m. Thereupon, the complainant and his neighbours contacted Mst. Laxmi in the night itself and some altercation took place between them. According to the report, Laxmi admitted the fact of girl being kidnapped by the accused and assured that girl would be returned within 3-4 days.

(3.) On the above report, police registered a case for offence u/ss. 363, 366 & 379 Penal Code vide FIR Ex.P/8 and proceeded with the investigation. In the course of investigation, the police inspected the site, prepared site plan and recorded the statements of witnesses u/s. 161 Crimial P.C. The statement of victim girl was also recorded u/s. 164 Crimial P.C. The prosecutrix was subjected to medical examination to find out whether she was ravished or not. Co-accused along with appellant were arrested and on completion of usual investigation, a charge-sheet was submitted against the accused.