KANWALJIT SINGH AHLUWALIA, J. - (1.) KANWALJIT Kaur wife of Gurdev Singh was tried in case FIR No. 23 dated 08.04.1991 under section 363 IPC registered at Police Station Kotwali Faridkot.
(2.) BRIEFLY stated, case of prosecution is that Dr. Jiwanjot Kaur, Registrar, Gyane Department informed Medical Superintendent, Guru Gobind Singh Hospital, Faridkot that on 8th April, 1991 in between 11 - 11.30 a.m., a new born child, who was aged 17-18 days and whose father is Jagtar Singh and mother is Paramjit Kaur, was lifted by somebody and there was suspicion that the same has been lifted by a lady, who was tall and of fair color was wearing yellow clothes. On the information so sent, FIR was lodged. Fir was investigated and report under Section 173 Cr. P.C. was submitted and petitioner was charged on 10.09.1991 by the Court of Chief Judicial Magistrate, Faridkot that on 8th April, 1991 at about 11.30 a.m. she kidnapped a new born baby from the lawful guardianship of Paramjit Kaur (mother) and maternal grandmother, Mukand Kaur and that she committed an offence under Section 363 IPC. Petitioner pleaded not guilty and claimed trial.
(3.) PROSECUTION examined PW-1 Dr. A.L. Dhingra, who stated that on the information of Dr. Jiwanjot kaur, he has sent the memo for registration of the FIR. PW-2 Mukand Kaur is the grandmother of the child. Mukand Kaur specifically stated that the accused came in the Hospital pretended herself to be chief nurse and took the child with her, which was recovered after four days from the petitioner. She had identified the petitioner in Court as accused. PW-3 Jagtar Singh is the father of the child. He has stated that after four days, he along with Inspector Malkiat Singh had recovered the child from petitioner, who was apprehended at the bus stand. He appeared regarding petitioner's arrest and recovery of the child from the petitioner. PW-5 is Paramjit Kaur, mother of the child. PW-6, Dr. Jiwanjot Kaur was the Registrar of the Gyane Department. PW-7, Smt. Raj Rani was an official of the Computer Centre, Registration of fees, branch of the Hospital. PW-8, Gurjant Singh is maternal grandfather of the child and PW-9 Constable Kulwant Singh has carried out the said Special Report.;