NANKU AND OTHERS Vs. STATE

JUDGEMENT

(1.) Bashir has been convicted under Ss. 363, 366, 366A and 368, I.P.C. and has been sentenced to five years under Sec. 363, I.P.C., seven years' rigorous imprisonment under each of the two Ss. 366 and 366A I.P.C. and four years' rigorous imprisonment under Sec. 368, I.P.C. by the Sessions Judge of Mirzapur for kidnapping a minor girl Kumari Phulwa from the lawful guardianship of her uncle Gulli with whom she was residing at that time and for wrongfully concealing her in his house after kidnapping her. Nanku has been convicted under Ss. 365A and 368, I.P.C. in respect of the same offences and has been sentenced to two years' rigorous imprisonment for each of these two offences and his sentences have been made concurrent. Muhammad accused has also been convicted under Sec. 366 -A and 368, I.P.C. and has been sentenced to five years' rigorous imprisonment for each of these offences. Mohd. Shafi, Durga and Smt. Mahraji have each been convicted under Ss. 366A, 368 and 372. I.P.C. for kidnapping her, wrongfully concealing her after she had been kidnapped and for selling her in marriage to one Mathura Brahman. Durga has been sentenced to seven years' rigorous imprisonment under Ss. 366A and 372, I.P.C. and five years. rigorous imprisonment under Sec. 368, I.P.C. Mohd. Shafi and Smt. Mahraji have each been sentenced to five years' rigorous imprisonment under each of the Ss. 366A, 368 and 372 I.P.C. Five appeals have been filed against the convictions and the sentences of the different accused. One appeal has been filed by Bashir and Nanku. Another appeal has been filed by Muhammad, Durga, Mohd. Shafi and Smt. Mahraji have filed three separate appeals from jail. As all these appeals arise out of the same judgment I propose to decide there by one judgment.

(2.) The prosecution case is that the girl Kumari Phulwa was the daughter of one Bhagwanta Chamar who was living in village Serai in Rewa State. Her uncle Gulli and aunt Smt. Motia were living in Mirzapur. She left her father on account of her ill -treatment by her step -Brother and come to her uncle Gulli and was living with him at Mirzapur. One Smt. Titilia who was her neighbour became intimate with Kumari Phulwa. One day when she was going with Titilia. to the Bazar the accused Bashir met them on the way and inquired from Titilia whom he knew from before about Kumari Phulwa as he got enamoured of her and wanted to keep her. Smt. Titilia told him that she could not say any thing in the matter and only her parents could say anything about it. A few days afterwards when Kumari Phulwa was going to bazar to make some purchase the accused Bashir met her on the way and enticed her away to his house Smt. Motia defined for her but could not find her. After two or three days the husband of Smt. Titilia came to know the Kumari Phulwa was in the house of Bashir and informed his wife Smt. Titilia about it who conveyed the information to Smt. Motia. Thereafter Smt. Motia went to the house of Bashir with Lachman and Lal Bahadur and recovered Kumari Phulwa from there. Some time afterwards on the Nagpanchmi day Kumari Phulwa had gone to swing in a Jhoola near the house of Nanku sweeper who is not the accused, and while she was swinging she left dizzy and fell down. While she was lying on the ground the accused Nanku came there and took her away from there on the pretext that she was wanted by her aunt. She was taken to the house of the accused Bashir where she was confined in a room in the upper storey. On the third day at about midnight the accused Muhammad and Nanku removed her from there to the house of Muhammad accused where she was kept that day and the next day. On the third day at about 8 a.m. in the morning she was sent away from there with the accused Durga who took her to Raniganj in the district of Pratapgarh, and from there to Todarpatti to the house of the accused Smt. Mahraji. The accused Muhammad Shafi was also living with Smt. Mahraji at that time. She was kept there for about eight or ten days and, thereafter, she was sold to one Mathura Brahman for Rs. 500/ -. The Station Officer of P.S. Raniganj got information of this fact and went to the house of Smt. Maharaji. He found Durga, Mohd. Shafi and one woman there and on examining her he came to know that a girl had been brought and sold to Mathura Brahman. He then searched the house of Mathura Brahman and from there the girl Kumari Phulwa was recovered. She one being questioned by him told him how she had been kidnapped by the accused Bashir and Nanku while she was residing at the house of her uncle Gulli in Mirzapur and how she was taken from place to place after being kidnapped and was ultimately sold to Mathura. She was then sent to Mirzapur and information was also sent to the police at Mirzapur and thereafter this case was started. She was examined by Dr. P.R. Suri, Civil Surgeon, Pratapgirh, after her recovery. On examination he found that she was about 12 years of age and was used to sexual intercourse. After further investigation the accused were sent up for trial.

(3.) All the accused denied that they had kidnapped the girl or had committed the offences with while they were charged.