GITA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is lodged in prison since 4th August, 2010. She has been convicted by the trial Court for the offence punishable under Section 363 read with Section 34 and 366-A read with Section 34 of the Indian Penal Code and has been sentenced to suffer rigorous imprisonment for four years each for both the convictions. Both the substantive sentences were directed to run concurrently. The judgment was delivered on 26th August, 2011. The appeal has been filed on 8th February, 2013. There was a huge delay in filing the appeal. Since the appellant has been convicted for the serious offences, the delay was condoned. The appeal was admitted and was listed for final hearing on priority basis as the sentence imposed on the appellant was also about to be completed.

(2.) It was alleged before the trial Court that the appellant and absconding accused Guddu, on 27.07.2010 in furtherance of their common intention, had taken the victim girl Ku. Nanda from lawful guardianship of her mother Mrs. Janki Suresh Kumar. It is alleged that the victim girl Nanda and her sister Pallavi had gone to a Tea Stall known as "Jagannath Tea Stall" near Gondia Railway Station for taking tea. The appellant met them on the tea stall and offered them snacks. The absconding accused was also with her. They took them to railway station and boarded a train. Younger sister Pallavi who has been examined as P.W. 3, sensing some trouble, jumped out of the train on the platform and rushed to her mother. She informed her mother that Nanda had been taken away by a woman and a man. They started searching for the missing girl Nanda. They could not trace her. No missing report was ever lodged in respect of the missing girl Nanda till registration of offence on 3rd August, 2010. It is the case of prosecution that mother of the victim girl and her sister Pallavi both were continuously in search of Ku. Nanda. It is on 3rd August, 2010 that the appellant was spotted at Gondia Railway Station and she was taken to Gondia Railway Police Station. Her statement was recorded at the Police Station and case was transferred to Gondia City Police Station as the said Jagannath Tea Stall was within the jurisdiction of Gondia City Police Station. The appellant was identified by Pallavi to be the same woman who had offered Pallavi and her sister Nanda snacks at Jagannath Tea Stall.

(3.) After registration of the offence at Gondia City Police Station, statements of witnesses were recorded during the course of further investigation. Panchnama of the spot was drawn. Search was made for the absconding accused. Various police stations were informed. Policemen from Gondia City Police Station were deployed at various stations to search the victim girl and culprits. The victim girl and absconding accused however could not be traced despite frantic efforts by the police. Charge sheet was filed in the Court of Judicial Magistrate First Class, Gondia. The same was committed to the Court of Sessions at Gondia. The trial was proceeded only against the appellant, since another accused Guddu was absconding. It was heard by the learned Additional Sessions Judge and after conclusion of trial the appellant was convicted as stated herein above.