- (1.) Convict Lakhbir Singh @ Lucky son of Jeet Singh has filed this criminal appeal assailing his conviction and sentence ordered by learned Sessions Judge, Sangrur, vide judgment and order of sentence dated 07.06.2012. The appellant was convicted under Sections 363, 366 and 376 of the Indian Penal Code (for short 'IPC') and sentenced to undergo rigorous imprisonment for three years with fine of Rs.3000/- each and in default of payment of fine, to further undergo rigorous imprisonment for three months under Sections 363 and 366 IPC for each offence. He was further sentenced to undergo rigorous imprisonment for ten years with fine of Rs.10,000/- and in default of payment of fine, to further undergo rigorous imprisonment for six months under Section 376 IPC.
(2.) The case of the prosecution as set out from the judgment of the Trial Court is as under:- "On 06.06.2011 at around 11.00 a.m., the prosecutrix who was aged 14 years and 02 months, went to Shivji temple situated at Lakshmi Bagh, Dhuri to pay obeisance but did not return home. Efforts put in to trace her out at places of his relations and acquaintances proved fruitless. On 09.06.2011 Jagdev Singh son of Banta Singh, Ramdasi by caste, resident of Basant Colony, Dhuri disclosed the accuser that he had seen the prosecutrix in the company of Lakhvir Singh alias Lucky son of Jit Singh, resident of Ward No. 04, Dharampura Mohalla, Dhuri (accused herein) at Kakkarwal Chowk on 06.06.2011. The prosecutrix was abducted by the accused with an intention to seduce her to sexual intercourse (Galat Kam-wrong deed, this how the sexual intercourse is referred to in the strata of society, the accused belongs to). On his way to the Police Station, accuser came across, at drain bridge Lakshmi Bagh, Dhuri, Assistant Sub Inspector Harminder Singh along with his police posse, and suffered him a statement narrating the entire chain of events. Investigating Officer reduced the statement into writing, read it over to the accuser who, to signify its correctness, put his left thumb impression at the bottom of the statement. On the statement of PW Kashimra Singh, Investigating Officer made his endorsement and sent the statement, along with his endorsement, to the Police Station through PHG Darshan Singh whereupon a formal first information report (FIR) came to be recorded by Sub Inspector Satnam Singh. Investigating Officer visited the spot and prepared a site plan with correct marginal notes. On 10.06.2011, when Investigating Officer along with a police contingent was present at Kakkarwal Chowk, he spotted the prosecutrix and the accused there while alighting from a bus, apprehended them, recovered the prosecutrix, arrested the accused, searched his person, got the prosecutrix and the accused medico-legally examined, handed the prosecutrix over to her father (PW Kashmira Singh), recorded statements of witnesses under Section 161 of Cr.P.C., took photocopy of fifth standard examination certificate of the prosecutrix in possession, on return to the Police Station deposited the case property with Moharrir Head Constable (MHC), got statement of the prosecutrix recorded before learned Area Magistrate under Section 164 of the Code and on receipt of Chemical Examiner's report added offence of Section 376 IPC. On completion of investigation, a report in terms of subsection (2) of section 173 Cr.P.C., was prepared and presented before the Court of learned Area Magistrate."
(3.) On presentation of challan, the trial Court finding prima facie evidence against accused-appellant, framed charge for the offences punishable under Sections 363, 366-A and 376 of the Indian Penal Code. The accused pleaded 'not guilty' to the charge and claimed trial.;