JUDGEMENT
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(1.)This order shall dispose of Criminal Appeal No. CRA-S-1710-SB- 2009 filed by appellant Prem Singh and CRR No. 145-2010 filed by complainant Sumitra Devi as both arise out of the same judgment of conviction and order of sentence.
Appellant Prem Singh has preferred CRA-S-1710-SB-2009 against the judgment of conviction dated 13.06.2009 and order of sentence dated 15.06.2009 passed by learned Sessions Judge, Kapurthala whereby the he was convicted under Section 364 IPC and was sentenced as under:-
JUDGEMENT_195_LAWS(P&H)9_2016.htm
(2.)Relevant facts for the purpose of decision of these cases; that on 26.04.2008 complainant Sumitra Devi reported the matter to the police that she used to reside in House No.564, Urban Estate Phagwara, which was owned by Bihari Lal. She was deputed to look after the safety of that house for the last three months. Thereafter an agreement of sale of said house was entered into between the owner of the said house and appellant-Prem Singh. Because of that reason Prem Singh had been visiting the house in question. On 05.12.2007, the accused-appellant visited her house and took the youngest son of the complainant, named, Shera in his arms and remarked that the child was very endearing. Since then her son Shera was not traceable. The complainant suspected that the accused-appellant had kidnapped her son with the intention of committing his murder. She searched her son who could not be traced out and as such, she reported the matter to the police. On this, police started investigation on 14.12.2007.
(3.)On receipt of a message from police of Hoshiarpur, Investigating Officer visited there and took the boy-Shera who was earlier recovered from the accused-appellant in the State of Gujarat. The appellant was arrested in this case. The proof of age of Shera was taken into police custody apart from recording of statements of witnesses including Shera. It had came in the investigation that accused had escaped in his car bearing registration No.PB-09H-3404 (make Santro) (hereinafter referred to be as ' the car') and he was chased in the town of Palanpur in Gujarat.
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