BHAJAN LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The Addl. Sessions Judge, Chamoli (Garhwal) vide his judgement and order dated 27-8-1979 passed in S. T. No. 4 of 1976, convicted the accused Bhajan Lal under Section 363, I.P.C. and sentenced him to undergo three years' R. I. He convicted Lungari Das also under Section 363, I.P.C. and sentenced him to imprisonment till the rising of the Court and to a fine of Rs. 1000.00. In default of payment of fine one years' R. I. was provided.

(2.) The prosecution case started on the basis of a criptic FIR lodged by Smt. Gulabi Devi (not examined) at the Police Station, Karanprayag. Chamoli (Garhwal) on 17-3-75 (Ex. ka-4) that her daughter Km. Mena/Veena Devi had been kidnapped by the accused, Bhajan Lal and his father Lunari Das on 14-3-1975. Her father is lying ill and brother is not present in the house.

(3.) On the basis of the report the investigation started and the girl was recovered on 20-3-1975. She was medically examined. The doctor opined that she was 17-19 years of age. After completing the Investigation charge-sheet was prepared.