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2018 Supreme(P&H) 1003

ARVIND SINGH SANGWAN
Pal Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. R.P. Kaur, Advocate (Legal aid counsel)
For the Respondent: Mr. Karanbir Singh, AAG, Punjab.

JUDGMENT :

ARVIND SINGH SANGWAN, J.

1. Challenge in this appeal is to the judgment dated 30.09.2011, vide which the appellant was convicted for the offences punishable under Sections 366A, 376 of the Indian Penal Code (‘IPC’ for short) and vide order of sentence dated 30.09.2011, he was awarded R.I. for 10 years and to pay a fine of Rs.10,000/- under Section 376 IPC. In default of payment of fine, the appellant was further ordered to undergo imprisonment for six months and R.I. for 05 years along with a fine of Rs.5,000/- under Section 366A IPC and in default of payment of fine, he was to further undergo imprisonment for three months.

2. Brief facts of the case are that an FIR No.53 dated 19.05.2009 under Sections 363A, 366, 376, 120-B IPC, Police Station Sadar Kotkapura was registered on the statement of Harbans Kaur, mother of the prosecutrix. As per the version given by her, on 18.05.2009 at about 10.00 AM, she along with her husband Sukhdev Singh, two sons and daughter Ramandeep Kaur were present in the house. Her daughter Ramandeep Kaur was aged about 14 years and she went to a nearby shop and did not return. When they were searching for her, one Hukam Singh son of Mangat Ram and
























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