Daya Chaudhary, J. - (1.) THE present appeal has been filed against judgment of conviction and order of sentence dated 27.08.2003 passed by Additional Sessions Judge, Fast Track Court, Kurukshetra, whereby, the accused -appellant has been convicted for offence under Section 376 IPC and sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs. 1,000/ - with default clause; to undergo rigorous imprisonment for a period of three years with fine of Rs. 500/ - under Sections 363/34 IPC with default clause; to undergo rigorous imprisonment for a period of three years with fine of Rs. 500/ - under Section 366/34 IPC with default clause.
(2.) BRIEFLY , the facts of the prosecution case are that on the basis of complaint made by Gurbax Singh on 31.10.2001, an FIR was registered. As per contents of the FIR, the daughter of the complainant Sandeep Kaur went to market on 27.10.2001 but did not return to his house. On inquiry, it came to the knowledge of the complainant that Varun Panday and his brother Mukesh Panday, who were frequent visitors at his home and also his neighbourers residing in Sthaneshwar temple nearby, were also missing from that day. However, efforts were made to search out the daughter of the complainant but all in vain. It was alleged in the complaint by the complainant that both Varun Panday and Mukesh Panday had abducted/kidnapped his minor daughter -Sandeep Kaur. On the basis of said statement, FIR under Sections 363 and 366 of the Indian Penal Code was registered. During investigation, both accused were arrested on 20.11.2001 from Village Kala Gaon and the prosecutrix -Sandeep Kaur was recovered from Village Babupur. Prosecutrix and accused were got medico -legally examined from Lok Nayak Jai Parkash Hospital, Kurukshetra and statement of Sandeep Kaur under Section 161 Cr.P.C. was recorded, on the basis of which, Section 376 of the Indian Penal Code, was also added to the aforesaid FIR.
(3.) BOTH the accused faced trial and were ultimately convicted for the said offences and sentenced by the trial Court vide its judgment dated 27.08.2003.;