ABDUL KADAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these appeals arise out of the order of conviction and sentence passed by the learned Additional Sessions Judge, Aurangabad, on 14-9-1981 in Sessions Case No. 12/1981 on his file and that is why they are heard together and are disposed of by a common judgment. They arise out of the following facts.

(2.) The prosecution-story is briefly as follows : - Prosecutrix Vrandarani (pw 1) was staying at Kannad alongwith her mother Sushilabai (PW 6) for her education and Bhaskar - father of the Prosecutrix - was staying at Nagad as he was serving in the P. W. D. Department of the State and whether Sushilabai (PW 6) was staying with one Sharma or not is not at all germane for the decision of this case. Vrandarani (PW 1) was studying in the High School and was studying in the 10th Standard. Her date of birth was 3rd May, 1963 Accused No. 2 Kausalayabai resides in the vicinity of the house where Vrandarani (PW 1) and Sushilabai (PW 6) reside. They were acquainted with each other. While Vrandarani (PW 1) was going by the road twice or thrice Accused No. 1 Abdul Kader smiled at her and she responded to the smile. The result was that Accused No. 2 brought one chit to her from Accused No. 1 informing her that he was loving her. Prosecutrix Vrandarani (PW 1) responded to three chits through Accused No. 2. It was decided that they should elope.

(3.) On the date of the offence i. e. on 26th July, 1980, Vrandarani (PW 1) left the house under the pretext that she was going to Nagad where her father was staying. As previously agreed she went to the dispensary of one Dr. Shinde under the pretext that she was to go for fetching medicine for her mother. Accused Nos. 1 and 2 met her and they had a talk in the open space just near the dispensary. There Accused No. 1 instructed Accused No. 2 to fetch Vrandarani (PW 1) to Chalisgaon by bus next morning and he instructed Vrandarani (PW 1) to accompany Accused No. 2 to Chalisgaon by bus next morning and Accused No. 1 paid Rs. 7 to Accused No. 1 for bearing the travel expenses.