BHIMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed by the accused-appellant herein, challenging the judgment and order dated 30-08-1999 passed by the learned Extra Joint Sessions Judge, Latur in Sessions Case No. 132 of 1998.

(2.) One Mr. Sudhakar Kishanrao Lohgaonkar. resident of Dapegaon, Taluka Ausa, District Latur lodged the complaint on 24-11-1997 with Killari Police Station stating therein that he is presently residing at village Dapegaon for his service purpose. His elder daughter Saraswati is studying in 10th Standard in Vidya Niketan Middle School at Jawalga (Pomadevi). It was further stated in the complaint that, one Bhima Goroba Sontakke and his parents, one Ramabai Tukaram Kamble, all residents of Dapegaon have kidnapped his daughter Saraswati with intent to perform her marriage with Bhima. His daughter was induced and enticed under the pretext of marriage while taking her out of his legal guardianship. The complainant tried to search for his daughter but he could not trace out her.

(3.) On the basis of the complaint lodged by the complainant, offence as Crime No. 117/97 under Section 363. 366, 376 read with Section 34 of the Indian Penal Code came to be registered with Police Station, Killari and the investigation was set in motion. During the course of investigation, the Investigating Officer visited the spot, prepared spot panchanama and apprehended Bhima and Saraswati at the house of Bhima. Both were referred to medical examination. Statement of material witnesses were recorded. Clothes on the person of Bhima and Saraswati were attached. The Investigating Officer arrested remaining accused. After completion of the investigation, he filed charge-sheet against accused Nos. 1 to 4 in the Court of the Judicial Magistrate, First Class, Ausa. Since the offence was exclusively triable by the Court of Sessions, the learned Judicial Magistrate, First Class, Ausa committed the case to the Sessions Court. The trial Court framed charge against the accused. Particulars of the charge were read over and explained to the accused. All the accused pleaded not guilty and claimed to be tried. The defence of the accused is that, parents of Saraswati were intending to perform her marriage with accused No.l Bhima. But due to legal proceedings initiated by Bhima's first wife Sangita, Bhima's marriage could not be performed with Saraswati. Therefore, false complaint is lodged against the accused, to harass them.