CRIMINAL APPEAL None on 11 December 1999

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Criminal Appeal No. 1209-SB of 1999 Date of Decision: September 09, 2010

Kumari Daljit Kaur

...........Appellant

Versus

State of Punjab

..........Respondent

Coram: Hon'ble Mrs. Justice Sabina

Present: Mr.J.B.S.Gill,Advocate for the appellant. Mr.Amandeep Singh Rai, Assistant Advocate General Punjab**

Sabina, J.

Accused -Daljit Kaur, appellant was convicted for an offenceunder Sections 363,366-A of the Indian Penal Code (for short `IPC') videjudgment dated 11.12.1999 passed by the Sessions Judge,Hoshiarpur. Videorder of even date, appellant-Daljit Kaur was ordered to undergo rigorousimprisonment for a period of three years and a fine of Rs.1000/- underSection 363 IPC and she was further ordered to undergo rigorousimprisonment for a period of five years and a fine of Rs.1500/- underSection 366-A IPC. Hence, the present appeal by the accused-appellant.Prosecution case, as noticed by the trial Court in para No. 2

of its judgment, is reproduced herein below:- “2. The prosecution case, in short, is that Mohinder Singh son ofIshar Ram resident of Masit Palkot PS Tanda stated that he isresident of village Masit Pal Kot and is a labourer. He has threechildren and his eldest daughter, namely, Amarjit Kaur is agedabout 18/19 years and his son, namely, Inder Singh is aged about17/18 years and his youngest daughter namely Amanprit Kaur isaged 16 years and she is a student of 8[th] class studying in Govt.Middle School Masitpal Kot. He has further stated that on8.5.1998 at about 4 P.M. Daljit Kaur alias Kaki d/o Tusli Ramcame to their house and told that she had to go to Tanda formaking some purchases. Believing her he sent his daughterAmandprit Kaur alongwith Daljit Kaur. He further stated thatwhen his daughter Amanprit Kaur did not return back home in theevening he went to the house of Daljit Kaur to enquire aboutAmanprit Kaur but Daljit Kaur was not present in her house. Hehas further stated that later on he came to know that JaswinderSingh son of Makhan Singh r/o Garhi Bakhsh PS Bhogpur Distt.Jalandhar had abducted his daughter Amanprit Kaur inconnivance with Daljit Kaur alias Kaki by giving some allurementto Amanprit Kaur. Complainant Mohinder Singh along withInder Singh his son and Jasbir Singh son of Harwant Singh triedto locate his daughter by enquiring from his relatives and relativesof Daljit Kaur. Mohinder Singh complainant stated that inspiteof his efforts, he could not find out his daughter and he wasconfident that his daughter Amarjit Kaur had been abducted by Criminal Appeal No.1209-SB of 1999

Daljit Kaur alias Kaki and Jaswinder Singh by giving her someallurement with bad intention. On the basis of this statement FIRunder Sections 363/366/34 IPC was recorded and duringinvestigation Gurbux Singh resident of Masitpal Kot stated that hehad seen Daljit Kaur alias Kaki, Amanpreet Kaur and JaswinderSingh together in Tanda. After the investigation of the case,challan against Daljit Kaur and Surjit Kaur was presented in thecourt.”

Learned counsel for the appellant, during the course ofarguments, has not challenged the conviction of the appellant underSections 363,366-A IPC . Learned counsel has submitted that the appellantwas a young girl aged about 24 years at the time of the alleged occurrence.Now the appellant has got married. The prosecutrix has also got marriedand is residing in her matrimonial home. The case of the appellant was thatthe prosecutrix was having love affairs with Jaswinder Singh, ProclaimedOffender. Learned counsel has submitted that the sentence quaimprisonment of the appellant be reduced to already undergone by him.

Keeping in view the facts and circumstances of the case, itwould be just and expedient to reduce the sentence qua imprisonment of theappellant to already undergone by her .

Hence, the conviction of the appellant under Sections 363,366-A IPC is maintained. However, the sentence qua the imprisonment ofthe appellant is reduced to already undergone by her. Fine, as imposedby the trial Court, if not already deposited, be deposited by the appellantwithin two months from today failing which the appeal shall standdismissed.

Criminal Appeal No.1209-SB of 1999

Appeal stands disposed of accordingly.

September 09, 2010arya

( Sabina ) Judge