- (1.) The present appeal has been filed challenging the conviction for the offence under Section 366 of Indian Penal Code.
(2.) The prosecution case, in brief, is that Tripta, who is the daughter of Puran Chand, was studying in 8th Class and was born on 13.6.1972. On 21.10.1987, Puran Chand along with his wife had gone for their respective jobs and children had left for school. When they returned in the evening, they found that Tripta had not returned to the house. Search was made but Tripta could not be traced. Appellants-accused were also found absent from their house. It seems that no report came to be made for five days and it was only on 26.10.1987, Puran Chand lodged a report to the police about the kidnapping of his daughter. The police then carried out search. On 4.11.1987, Tripta was found in the company of Parshotam Lal and Ved Parkash at Nakodar and they were arrested. It is alleged that during the elopement, the accused kept Tripta at Hoshiarpur where both of them committed rape on her. For some mysterious reasons which are beyond our comprehension, the accused were not charged with the offence under Section 376 I.P.C. All that we see in the judgment of the learned Sessions Judge is that the charge for the offence under Section 376 I.P.C. was dropped for want of territorial jurisdiction. We are completely at a loss to understand as to how the learned Sessions Judge lacked the territorial jurisdiction if the kidnapping of Tripta and her subsequent rape were part of one and the same transaction.
(3.) Be that as it may, the long and short of it is that the accused persons were never tried for the offence under Section 376 I.P.C. Here was the perfect scenario for conviction of the appellants for the offence under Section 376 I.P.C. because Tripta had not even attained the age of consent i.e. 16 years. She was medically examined after she was retrieved and it was found that she had been subjected to sexual inter-course and it was doctor's opinion that her age was more than 15 years and less than 17 years. The prosecution in support of its case led the evidence of Tripta, her father Puran Chand, two doctors and the witnesses from the investigating agency. Accused Parshotam Lal examined Balwant Rai (DW1) in his defence who deposed that Parshotam Lal got married to Tripta. Photographs Ex. D6 & D7 relating to this marriage were also produced.;