RAM BHAROSEY AND ORS Vs. STATE

JUDGEMENT

(1.) In this case 10 persons were sent up for trial before the Sessions Judge of Fatehpur. One cithern, namely, Ram Bharosey, was charged Under Section 366 IPC for abducting Smt. Girja, a married girl, on 28-7-1951 at about 10 p.m. from her father's house in village Naraini, Police Station Kishanpur, in the district of Fatehpur, with the intention or knowledge that she would be used for illicit intercourse. Three of them, namely, Manna, Sheo Bhukhan and Ram Manohar, who are brothers and maternal nephews of Ram Bharosey, were charged Under Section 366/ 114 IPC for abetting the abduction of the girl, and the remaining six, namely, Ram Adhar, Jagatpal, Rampal, Ram Sewak, Nanku son of Raghunandan and Nanku son of Shiv Ram were charged Under Section 368 IPC for wrongfully concealing Smt. Girja knowing that she was an abducted girl. Sheo Bhukhan was also charged Under Section 368 IPC in addition to the charge Under Section 366/ 114 IPC.

(2.) The prosecution story may be briefly stated as follows:

(3.) The accused Ram Bharosey admitted in his statement that he was a cousin of Sheo Bhajan complainant and was living close to his house, He further admitted that the accused Sheo Bhukhan, Manna and Ram Manohar were his maternal nephews and were unmarried. He, however, denied mat on 28-7-1951 he had gone to the house ot Sheo Bhajan and had requested him to send his daughter Smt. Girija and his sister's daughter Kumari Mainyya to his house for the purpose of cooking food for him and his guests or that these two girls ever came to his house.