- (1.) The present appeal has been preferred by the accused appellants mentioned above against the judgment of conviction dated 6.5.2013 vide which appellant-Subeg Singh has been held guilty and convicted for the offences punishable under Section 363, 366, 376 and 506 of the Indian Penal Code (hereinafter called 'the I.P.C.'), appellant Sarabjit Kaur has been held guilty and convicted for the offences punishable under Sections 363, 366 and 506 I.P.C. and appellant Buta Singh has been held guilty and convicted for the offences punishable under Sections 363/366 read with Section 120B/34 I.P.C. and 506 I.P.C. and the order of sentence dated 7.5.2003 vide which they were sentenced as under: The legal machinery has been set into motion by PW-3 Swaran Singh, father of the prosecutrix, vide his statement Ex. PF dated 21.5.2001 recorded by PW-6 SI Dalbir Singh wherein he alleged that he is having five children. That yesterday evening, as usual their family members went to sleep in the courtyard of their house after taking the meal. That on 21.5.2001, in the morning at about 3 A.M., he got up to supply fodder to the cattle and found that the prosecutrix, his daughter aged about 14-15 years, was not present on her cot. He searched for his daughter here and there but she could not be traced. On making enquiry, he came to know that appellant-Subeg Singh was also missing from his house from the night. He has enticed away his daughter. When he was going to report the matter along with Bhag Singh, Member Panchayat SI Balbir Singh met him and recorded his statement Ex. PF on the basis of which the formal F.I.R. Ex. PF/3 was registered. On 22.5.2001, complainant-Swaran Singh made the supplementary statement alleging therein that appellant-Sarabjit Kaur and her husband Buta Singh in furtherance of their common intention have forcibly enticed away his daughter.
(2.) The investigation was carried out. The Investigating Officer searched for the prosecutrix and the accused. Ultimately, the prosecutrix along with accused appellant-Subeg Singh was apprehended on 29.5.2001 at Bus Stand Patran. The statement of the prosecutrix was got recorded by the Investigating Officer under Section 164 Cr.P.C. wherein she levelled the allegations for having committing rape upon her by appellant-Subeg Singh and that she was forcibly taken away by appellant-Subeg Singh to Amritsar and Kurukshetra where she was forced to wear new clothes and Chura and was compelled to have the photographs. She stated that Subeg Singh had taken her away without her consent and deceitfully. On the basis of the statement of the prosecutrix, offence punishable under Section 376 I.P.C. was added. The prosecutrix as well as accused Subeg Singh were got medically examined. Appellant Subeg Singh was arrested in this case on 29.5.2001. Appellants Sarbjit Kaur and Buta Singh was arrested on 7.6.2001 and on completion of the investigation, the report under Section 173 Cr.P.C. was presented in the Court.
(3.) The case was committed to the Court of Sessions for trial by the learned Judicial Magistrate, Samana vide order dated 7.9.2001.;