SANGAM LAL Vs. STATE

JUDGEMENT

(1.) THE present appeal has been preferred by Sangam Lal son of Rang Bahadur aged 20 years labourer, resident of House No. 3155, Mauli Jagran, UT Chandigarh. He was tried in case FIR No. 42 dated 14.04.1995 registered at Police Station, Manimajra, UT Chandigarh under Sections 363/366/376 IPC. It was stated in the FIR lodged by Gaya Parsad that he is a resident of House No. 3170, Moli Jagran, UT Chandigarh and he was residing there along with his children and was doing job in the private shop in Sector 8, Chandigarh. He had five children which include two sons and three daughters. Eldest Durgesh Kumari has passed fourth class and was a student of fifth class. It has been stated that in his neighbourhood in house No. 3155, two boys namely Hazari Lal and Sangam reside. Hazari Lal was working as a Painter and Sangam also as a Painter. From the last two months, Sangam used to roam around his house. As on 10th April, 1995, Sangam was spotted roaming number of times around the house of the complainant and a DDR was lodged by the complainant on 10th April, 1995 that his daughter Durgesh Kumari is missing and he has been searching for her. It was further alleged by him from 10th April, 1995, Sangam was also missing. FIR was lodged after four days, on 14th April, 1995.

(2.) THE FIR was investigated. Challan was submitted. Appellant along with one Ram Rattan was charged by the Court of Additional Sessions Judge, Chandigarh for offences under Section 363/366 with the aid of Section 120-B IPC. Appellant Sangam Lal was also charged for offence under Section 376 read with Section 120-B IPC. Accused, including the appellant pleaded not guilty and claimed trial.

(3.) IN defence, he examined DW-1 Devta Din, who stated that appellant has been involved in a false case. The trial Court acquitted coaccused Ram Rattan. Appellant was also acquitted of the offence under Section 376 IPC as Durgesh Kumari had not appeared. The learned Additional Sessions Judge, Chandigarh sentenced Sangam Lal under Section 363 to undergo two years RI and to pay a fine of Rs. 500/- and under Section 366 to five years RI and a fine of Rs. 500/-. In default of payment of fine, it was ordered that he will undergo RI for two months.