STATE OF GUJARAT Vs. KH KUMAR

JUDGEMENT

(1.) THIS Appeal, under section 378 of the Code of Criminal Procedure, 1973, has been filed by the State of Gujarat against the judgment and order of acquittal dated 09.6.1992 passed by the learned Addl.Sessions Judge, Amreli in Sessions Case No. 74 of 1988 for offences punishable under sections 363, 366 and 376 of Indian Penal Code.

(2.) THE facts of the case in brief are that the complainant Bakulesh Jayantilal Rajgor was staying with his mother, father, brother and sister-Daksha in Navi Vasahat Ganesh Society, Dhari Taluka, District Amreli. On 15.8.1986 at about 9.00 p.m., all the family members except his father were at home. At that time, sister of the complainant, Daksha in the pretext of going to answer nature's call, went out of the house. As she did not return for long, the complainant went around looking for her and he found the door of the toilet was half opened and light was on. On checking, he could not find her there. Then he started looking everywhere including houses of the neighbours. 15th being Independence Day, in a nearby place celebrations were going on and they got announced through the loudspeaker about missing of the girl Daksha. Upto late night they were searching for the girl and during that time, one Ruparalia Rasiklal Parshottamdas went and informed everyone that at about 9.30 p.m., when he went to relieve himself, he had seen the Range Forest Officer K H Kumar with Daksha on his Bullet Motor Cycle going towards Khicha. The complainant immediately informed some of his relatives, Dr. Manubhai Bharad, Dave Maheshkumar Mohanlal etc and all were sent to different directions to search the girl-Daksha. Meanwhile he informed his father at his work place telephonically about missing of his sister and that the Range Forest Officer has kidnapped Daksha. All started searching her at different places like Rajkot, Junagadh, Una, Jasadhar Tulsishyam and all the offices of the Forest Department. Ultimately a complaint has been filed against the accused before Dhari police station alleging that the accused had kidnapped his 17 years old sister. After investigation, the complaint was registered as CR.I. No. 48 of 1986. Sub Inspector, Dhari police station, after drawing panchnama charge sheet was filed against the accused K.H. Kumar vide Exh.1 for offences under sections 363, 366 and 376 of Indian Penal Code. As the offences were triable by the Sessions Court, the case was committed to the Court of Sessions under section 209 of the Criminal Procedure Code.

(3.) BESIDES aforesaid oral evidence, documentary evidence such as complaint Exh.7, Panchnama dated 24.2.92 Exh.11, Arrest panchnama Exh.12, Panchnama of Motorcycle, Exh.14, Report of Chemical Analyser, Exh.15, Report of Serologist Exh.17, Panchnama of place of incident, Medical certificate Exh.37 etc. were also produced which were taken into consideration by the learned Addl.Sessions Judge.