VINOD KUMAR LEKHRAJ SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant is original accused No. 1. He, alongwith accused No. 2, was charged for offences punishable under Section 363 and 366 of the Indian Penal Code for having, on the 3rd of April, 1986, at about 4. 00 p. m. at Sunanda Niwas, Kisan Nagar No. 3, Wagale Estate, Thane, in furtherance of their common intention kidnapped P. W. 3 Mohini Manohar Sawant, a minor aged about 16,12 years, from out of the lawful guardianship of her parents, with the intent that she may be compelled to marry against her will with accused No. 1. By the impugned judgment and order, passed by the trial Court, accused No. 2 was acquitted, whereas accused No. 1 came to be convicted under both the counts and was sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs. 100/-, in default to suffer simple imprisonment for three months, on each count. The aforesaid judgment and order, in so far as it records an order of conviction and sentence against accused No. 1, is impugned in the present appeal.

(2.) P. W. 3 Mohini, who is the prosecutrix in the present case. P. W. 2 Manohar Raghoba Sawant is her father. He is the complainant in the present case. His First Information Report is at Exhibit-49. P. W. 1 Laxmi Manohar Sawantis the mother of the prosecutrix. P. W. 6 Shivaram Balka Mandavkar is the person in whose House the accused took the prosecutrix. It is in his house that the prosecutrix stayed for two days. P. W. 5 Anil Anang Mohan Bose is the person who helped the accused in securing the place of Shivaram for giving shelter to the prosecutrix. He, however, declined to support the case of the prosecution and was declared hostile. P. W. 7 Krishnaji Atmaram Parab is a head constable who alongwith accused No. 2 had proceeded to the house of Shivaram and traced the prosecutrix and accused No. 1. P. W. 4 Dr. Prakash Dattatray Ambedkar is a Medical Officer who examined the prosecutrix. The medical certificate issued by him is at Exhibit-14. P. W. 9 Uday Manohar Eamant has produced the extract of the birth register in respect of the prosecutrix. The birth certificate is at Exhibit-25. It shows that the prosecutrix was born on 27th of January, 1970. P. W. 8 Keshav Narayan Rane is the P. S. I. attached to the Wagale Estate Police Station who has investigated into the instant offence. This is the entire evidence which has been led by the prosecution. By way of rebuttal accused have examined D. W. I Govind Ganesh Bhai Tilve to prove the alibi of accused No. 1. As per his version, accused No. 1 had lodged a private complaint (Exhibit-27) against one Head Constable Dhangar and certain other police Officers. On the day of the alleged incident i. e. on the 3rd of April, 1986, accused No. 1 and the witness himself were in Court in connection with the said prosecution. In fact, the evidence of accused No. 1 (Exhibit 28) and D. W. 1 Tilve (Exhibit-29) was recorded on the 3rd of the April, 1986. This was done in the afternoon session between 3. 45 p. m. and 5. 15 p. m. Accused No. 1 was in Court in the company of the witness till 5. 30 p. m. The above evidence was led in order to prove that accused No. 1 could not have been present at the time and place where the alleged incident of kidnapping is said to have been taken place.

(3.) THE case of the prosecution can be summarised as under: At the relevant time Mohini was a minor below the age of 18 years. She was then studying in the 11th Standard at a college in Mulund. 3rd of April, 1986 was a holiday. The prosecutrix was in the midst of her annual examinations. She was apparently studying. Her mother Laxmi asked her some questions which she was unable to reply. Laxmi, therefore, scolded her saying that she would fail. Mohini got annoyed and left the house. She first went to the house of their neighbour, a lady by name Naik. She was not available. So, she proceeded to the house of another girl friend Beena Soniya. She was also not to be found. She, therefore, proceeded towards her school. On the way, she met the accused. This was at about 5. 00 p. m. Both the accused asked her to accompany them. When she showed her unwillingness to accompany then they threatened her saying that they will outrage her. They asked her to see them near a municipal lake. So she went towards the municipal lake. There, accused No. 2 had already come and was waiting for her. After sometime accused No. 1 also came there. They both took her to a house in Chiragnagar. The accused told her that they will take her to Delhi where accused No. 1 will marry her. She stayed in the house of Shivaram for two days. On the 1st day neither of the accused kept her accompany. On the second day accused No. 1 also stayed in -the house of Shivaram but in a separate room.