MANGAL Vs. STATE OF MP

JUDGEMENT

(1.) THE present appeal has been filed by the appellant against the order of conviction under section 366, IPC and sentence to undergo four years rigorous imprisonment and to pay fine of Rs.300/ . In default of payment of fine the appellant was further ordered to undergo three months rigorous imprisonment, in addition.

(2.) PROSECUTION case in brief is that on 6.5.88 accused Mangal took away prosecutrix Basanti from the custody of Ramanuj Kachhi in order to marry her and performed sexual intercourse with her. There was yet another accused Teja who was put to trial. Allegation against him was that of kidnapping a girl. Ramanuj, father of Basanti, was an employee of M.P. Electricity Board and his family members used to reside at village Tikar. When Chamelibai, mother of the prosecutrix, went to Rewa for treatment, accused Mangal along with co accused Teja, taking the advantage of the situation, took away Basanti. Accused Mangal used to work in the house of Ramanuj kachhi as servant. Basanti on being enticed by the accused, took Rs.700/ cash, and certain ornaments. At the relevant time she was aged about 14 years. When father of the prosecutrix came to know that Basanti was missing from the house, he made a search in the house of Mangal. Mangal was also not found in his house. Subsequently, Ramanuj came to know that accused Mangal had come to the house of prosecutrix along with accused Teja and took the prosecutrix away with them. Report of the incident was lodged which is Ex. P 1. Ultimately Ramanuj came to know that accused Mangal and Basanti were working in a stone quarry in the Bora Company near Maiher. This fact was informed by Mangaldeen Patel (PW 10). On 25.5.88 Basanti was recovered from the said quarry where she was working along with accused Mangal.

(3.) THE accused abjured the guilt and contended that he was in the employment of Ramanuj for last 4 5 years. His wages were not paid and when he left the job, Ramanuj was having ill will with him and for that reason he has been falsely implicated in the present case.