- (1.) THE present appeal has been directed against the judgment of conviction and order of sentence dated 19.07.2003, passed by the Additional Sessions Judge (Adhoc), Ludhiana, whereby the appellant has been convicted and sentenced for commission of offence punishable under Sections 376 and 366 of Indian Penal Code (in short, 'IPC'), as detailed herein below: - Offence under section Sentence awarded 376 IPC To undergo RI for seven years and to pay a fine of Rs.1,000/ - or in default to suffer further RI for one month 366 IPC To undergo RI for three years and to pay a fine of Rs.500 or in default to suffer further RI for one monthThe facts, in brief, are that on 12.10.2001, Ashok Kumar, complainant went to Amritsar. On his return, his wife Bimlesh Devi informed him that their eldest daughter had not returned home. On inquiries, he learnt that Mohammad Aslam son of Mohammad Asrael, who was his tenant earlier, was also missing from his house. The complainant become sure that his minor daughter was taken away by Mohammad Aslam by alluring her that he would marry with the girl.
(2.) ON Ist December 2001, ASI Sangram Vir alnogwith police officials and Ashok Kumar son of Gopal Dass was present near Baba Balak Nath temple situated in new Kundanpuri near Domoria Pull, Ludhiana in connection with search of girl, the girl and Mohammad Aslam Ansari were noticed coming from side of the bridge. They were identified by the complainant. The accused was arrested in the case. Statement of the prosecutrix was recorded. She was medically examined. On completion of investigation and receipt of report of the chemical examiner, Patiala, report under Section 173 of the Code of Criminal Procedure (in short, 'the Code') was submitted for commencement of trial.
(3.) THE accused was committed to the Court of Sessions by the learned Magistrate after compliance with mandatory requirements of section 207 of the Code. The accused was charged for commission of offence under Sections 366 and 376 IPC, to which he pleaded not guilty and claimed trial. To bring home the charge against the accused, the prosecution examined Dr. Navpreet Kaur (PW1), Dr. Ashok Raswant (PW2), Dr. G P Mangala (PW3), ASI Sangram Vir, investigating officer (PW4), Ram Sarup Dewedi, Principal, K M Public School, New Kundan Puri, Ludhiana (PW5),the prosecutrix (name kept secret) (PW6), Ashok Kumar, complainant (PW7), Charan Singh (PW8), SI Surinderjit Kaur (PW9) and Dharam Pal (PW10).;