GIAN SINGH Vs. STATE

JUDGEMENT

(1.) MS. RANI, appellant no. 2, used to reside in a cluster of jhuggis known as Nangla Machi located near the Old Railway Bridge on the banks of river yamuna. PW- 9/chandrawati was also living in the same cluster.

(2.) IT is the case of the prosecution that appellant No. 2/rani had an affair with appellant No. 1 which was known to PW- 9/chandrawati. PW-9/chandrawati had confided about this fact to her husband PW-8/devi Ram who in turn informed the father of appellant No. 2/rani Thakur Om Prakash, which resulted in great annoyance to both the appellants.

(3.) ON 10. 05. 1990, PW-1/kumari Sanju, who was aged about eight years then, brought Harkesh, aged about a few months, the son of PW-9/chandrawati, from her mother to play around with him in the cluster of jhuggis. Appellant no. 2/rani knew PW-1/kumari Sanju and approached her with a request to accompany her to the jungle as appellant no. 2/rani wanted to ease herself. PW-1/kumari Sanju accordingly accompanied appellant no. 2/rani and carried the child Harkesh with her. Appellant no. 2/rani was carrying a can of water which spilled on the way and she asked PW-1/kumari Sanju to go and fetch some more water. It is also the case of the prosecution that on PW- 1/kumari Sanju's refusal, appellant no. 2/rani slapped her and snatched the child from her and told her to go and fetch some water. However when PW-1/kumari Sanju came back with the water, she found that appellant no. 2/rani was missing with the child. A frantic search produced no result and thus the parents of Harkesh, PW- 9/chandrawati and pw-8/devi Ram were informed about the same.