SHANTI Vs. STATE

JUDGEMENT

(1.) BY this judgment I will dispose of Criminal Appeals No. 71 of 1989 (Shanti v. State), 72 of 1989 (Sripal v. State) and 52 1990 (Rajinder v. State), since they arise out of the same judgment dated 25-7-1989, 25-4-1989 and order dated 27th April, 1989 an Additional Sessions Judge, New Delhi convicting them for the offence under Section 363 Indian Penal Code and awarding them sentence of rigorous imprisonment for three years with a fine of Rs. 1000/- each or in default to undergo further rigorous imprisonment for one month each. Jagdish who was tried for the offence under Section 366 IPC was, however, acquitted.

(2.) KUMARI Shashi, daughter of Mangat Ram was residing with her brother Rakesh Kumar and parents in house No. F-692, Bhola Nagar, Kotla Mubarakpur, New Delhi. On 15th September, 1987 she left the house but did not return regarding which D. D. Entry was got recorded by her brother Rakesh Kumar in Police Station Kotla Mubarakpur. She did not return to the house and so on 18th September, 1987 Rakesh Kumar gave in writing to the Station House officer of Police Station Kotla Mubarakpur New Delhi stating therein that on 15th September, 1987 at about 9.30 a.m. his sister Shahi had gone to the house of her friend Sangeeta by saying that she was going to that house for bringing a book but did not return. It was also stated that he on enquiry came to know from Sangeeta that she had seen Shashi along with a boy Ved, who had been visiting her (Sangeeta's) house and that even Ved was not available at his residence. He thus expressed a suspicion that his sister has been taken away by aforesaid Ved son of Partap Singh after giving inducement to her. FIR No. 219 was registered in police station Kotla Mubarakpur and the matter was investigated.

(3.) ON 24th September, 1987 police officer of P. S. Mainpuri received secret information upon which he alongwith Navrattan Singh and Raje Lal Gupta went to the house of Sripal in Village Naw Goan and found Km. Shashi alongwith Sripal, Smt. Shanti and Rajinder Kumar regarding which recovery memo was prepared in the presence of the witnesses.