LAWS(MPH)-1983-9-46

INTZAR MOTA Vs. STATE OF M P

Decided On September 19, 1983
Intzar Mota Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) IN this appeal, the two appellants have challenged their convictions, under section 363 of the Indian Penal Code, by the First Additional Sessions Judge, Morena, and the sentences of -rigorous imprisonment for 2 years, imposed upon each of them, thereunder.

(2.) KU . Jamunabai, alleged to be 14 years of age, is the daughter of Ramswaroop P. W. 4, a small business -man of Ambah town, and resides with her parents at their house, in Ward No. 4 of that town, in front of Porsa -road. It was alleged by the prosecution, that on 26 -8 -1980, at about 9 P.M., Ramswaroop P. W. 4 was dining inside the house along with his brothers Ramprakash P. W. 1 and one Ashok who has not been examined as a witness. Jamunabai had accompanied her younger sister Gudia, outside the house, in order that she may ease herself. At this point of time, the appellants, both of whom are motor truck drivers, alighted from truck No. US.A. 3480, and caught hold of Jamunabai. They dragged her inside the truck and drove her away on Morena road. Gudia raised an alaram, as a result of which Ramprakash P. W. 1, Ramswaroop P. W. 4 and Ashok rushed outside the house. They jumped into a jeep, belonging to their relative, which happened to be parked in front of their house and followed the truck.

(3.) THE truck was overtaken by the jeep near the Post Office, Ambah, as a result of which the appellants halted the truck, after driving it in reverse for a short distance. They jumped outside the truck along with the girl. In the meanwhile, Sitaram P. W. 5 and persons named Sukhram and Ram -karan also happened to come there. Confronted by them and the uncles of the girl, appellant Intzar brandished a knife and threatened to kill anyone who dared interfere. The appellants dragged away Jamunabai on the knife point to the house of accused Munna Lohar in Sadar Bazar locality, where she was recovered sometime later in the night. However, the appellants ran away from Munna's house upon sighting the witnesses along with the police -party which happened to accompany them on the way.