KESHAV ALIAS PAVITER Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal No. 596/2000 is directed against the judgment and order dated 12.9.2000 of the learned Additional Sessions Judge in Sessions Case No. 59/98 arising out of FIR No. 100/96, Police Station, Seemapuri, under Sections 363/366/376, Indian Penal Code whereby the learned Judge has convicted the appellant under Section 366, Indian Penal Code and sentenced him to RI for three years and a fine of Rs. 1,000.00 and in default of payment of fine a further RI for two months.

(2.) Brief facts, as placed by the prosecution, are that on 23.1.1996 Smt. Kalawati, wife of Lal Singh lodged a report with Police Post GTB Hospital that her two daughters, namely, Sapna and Lata, were missing. On the basis of this report an FIR No. 100/96, Police Station, Seema Puri was registered. The complainant on 22.2.1996 informed the police that she suspected Azul for having allured and taken away her daughters as Azul was also missing from that date. During investigation, Lata was recovered alongwith Siddiq Hussain from his house, X-171, Tagore Gali, Ram Nagar, Gandhi Nagar, Delhi. In her statement under Section 164, Criminal Procedure Code recorded on 27.2.1996 the prosecutrix stated that Azul and Keshav, the appellant herein, who were residing in her neighbourhood used to write threatening letters to the girls and on 23.1.1996 when she and her mother and sister had gone to take medicine, Azul and Keshav were also present with them in the Hospital and forced her and her sister to sit with them in a three-wheeler scooter whereafter all of them went to Seema Puri and stayed there for two days where the accused is stated to have done nothing wrong with her. Thereafter, Keshav and Azul went away alongwith Sapna and Lata was left to find shelter for herself. Lata approached Renu Chaudhary who got her married to Siddiq Hussain whereafter the prosecutrix began living with Siddiq Hussain as his wife of her own free will and consent.

(3.) On the basis of this statement, charges against the appellant and Siddiq Hussain were framed under Section 366/34, Indian Penal Code. Siddiq Hussain was acquitted of all charges since he had married Lata and was residing with her of her own sweet will. However, the Court held the appellant herein guilty of having taken away Lata for forcing her into a marriage or sexual intercourse. The Trial Court also held that Lata was not a minor but was a girl of about 20-25 years of age.