BHAGWATI BAI Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 28.4.1997 passed by Additional Sessions Judge, Bilaspur in Sessions Trial No. 68/1996 convicting the accused/appellants for the offence punishable under Section 366 IPC and sentencing each of them to undergo rigorous imprisonment for two years and pay fine of Rs.200 in default of payment of fine to further undergo simple imprisonment for three months.

(2.) Facts of the case in brief are that on 23.12.1994 written report Ex. P3 was lodged by Ganeshia Bai (PW6) aged about 21 years at the relevant time to the effect that on 17.11.1994 accused/appellants on the pretext of taking her to Kota (Chhatisgarh) took her to Agra by Utkal Express where she along with them stayed in a hotel and then they took her to their uncle's house at village Khandoli saying that as their uncle had gone to Delhi, they could stay there. It is alleged that after engaging the prosecutrix in the household w6rk, the accused/appellants had vanished from the said house and when they did not return till evening, she started weeping, on which she was told by the husband of one Shanti that the appellants had sold her out and they would not come back. It is alleged that she was threatened and physically tortured and somehow she had managed to get back to Bilaspur. It is further alleged that other women namely Santoshi Soni, Ramshila, Nina etc. of Bilaspur were also sold out by the appellants. Based on this written report, FIR (Ex. P4) was registered on 23.12.1994 for the offence under Section 365 IPC and after investigation challan was filed by the police for the said offence on 30.1.1995.

(3.) So as to hold the accused/appellant guilty, prosecution has examined 8 witnesses in support of its case. Statements of the accused/appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the charge levelled against them and pleaded their innocence and false implication in the case.