Punjab-Haryana High Court
Krishan Kumar And Another vs State Of Haryana on 28 June, 2010
Author: A.N. Jindal
Bench: A.N. Jindal
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Appeal No.446-SB of 2000
Date of decision: June 28, 2010
Krishan Kumar and another
.. Appellants
Vs.
State of Haryana
.. Respondent
Coram: Hon'ble Mr. Justice A.N. Jindal
Present: Mr. J.S. Yadav, Advocate for the appellants.
Mr. Rajiv Malhotra, Addl. A.G. Haryana for the respondent.
A.N. Jindal, J
Krishan Kumar and Mandroop accused were prosecuted for
kidnapping the prosecutrix (name not disclosed), consequently, they were
tried, convicted under Sections 452/354 read with Section 34 IPC and
sentenced vide judgment dated 12.5.2000 passed by the learned Additional
Sessions Judge, Narnaul to undergo rigorous imprisonment for one year
under Section 354 IPC and rigorous imprisonment for two years and to pay
fine of Rs.500/- each under Section 452 IPC.
On the intervening night of 8/9.9.1999, the prosecutrix, aged
about 19 years along with her mother Santosh (PW11) and children of her
father's elder brother were sleeping in the courtyard of their house. The
house of her father's elder brother who was serving in the army was
abutting their house. At about 11.30 p.m. the accused after scaling over the
boundary wall entered the house. One of the accused gagged her mouth and
tried to pick her up. The prosecutrix woke up and identified the said person
as Krishan Kumar and the other person who was trying to pick her up was
Mandroop . In the meantime, Santosh (PW11) also woke up. Both the
accused then fled away. Santosh also raised hue and cry which attracted
Gokal another elder brother of the father of the prosecutrix, his son
Surender (PW4) and one Balwant. The case was registered and investigated.
On completion of the investigation challan was presented in the court.
The accused were charged for the offence under Sections
452/323/354/363/366/506 read with Section 34 IPC, to which they pleaded
Criminal Appeal No.446-SB of 2000 -2-
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not guilty and claimed trial.
The prosecution in order to substantiate the charges examined 12 witnesses in all. The accused were also examined under Section 313 Cr.P.C.
The trial court while acquitting the accused under Section 323/363/366/506 IPC, convicted them under Sections 354, 452 read with Section 34 IPC and sentenced them accordingly.
Without assailing the judgment of conviction, the accused have sought indulgence of the court on the quantum of sentence. The case relates to attempt to kidnapping and not kidnapping itself. The case simply is relating to trespass in the house and there are no specific allegations that the accused molested her modesty. The occurrence took place way back in the year 1999 and the accused have suffered a lot on account of the protracted proceedings pending against them since then. The accused have already undergone about 10 months of the substantive sentence. Under these circumstances, ends of justice would be met if the sentence is reduced to that of already undergone by them.
Ordered accordingly.
June 28, 2010 (A.N. Jindal) deepak Judge