- (1.) Present appeal has been filed by Parvinder Singh @ Vicky, who was tried in case FIR No.1189 dated 26.12.1997, registered at Police Station, Ambala Cantt under Sections 363/366/342/376/34 IPC.
(2.) The appellant was charged by the trial Court for an offence under Sections 363/366/376 IPC on 2.7.1998. The charge stated that on 18.12.1997 at 6.00 PM, appellant had kidnapped a minor girl aged 15 years by enticing her to arrange a role for her in a film and took her away without her consent and thus committed an offence under Section 363 IPC. Since he has done this with an intention to force her for illicit intercourse, therefore, he also committed an offence punishable under Sections 366/376 IPC.
(3.) The trial Court vide impugned judgement dated 1.6.2000 held the appellant guilty for offence under Sections 363/366/376 IPC and vide separate order dated 6.6.2000 sentenced him as under:- "After hearing both the sides and taking into account the age, character and previous antecedents of the convict and the nature of the offence, I think that ends of justice would meet if the lenient view is taken on the point of sentence. So, by taking lenient view, I sentence the convict to undergo rigorous imprisonment for three years and to pay a fine of Rs.500/- for having committed an offence punishable under Section 363 IPC, and in default of payment of fine he shall further undergo rigorous imprisonment for a period of three months. I also sentence the convict to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.500/- for having committed an offence punishable under Section 366 IPC, and in default of payment of fine he shall further undergo rigorous imprisonment for a period of three months. I further sentence the convict to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.1000/- for having committed an offence punishable under Section 376 IPC, and in default of payment of fine he shall further undergo rigorous imprisonment for a period of six months. All the sentences shall run concurrently. The period already undergone by the accused/convict during investigation/trial shall be set off as per provisions of Section 428 Cr.P.C.";