SULTAN KHAN MANGALKHAN Vs. GULLU

JUDGEMENT

(1.) THIS appeal has been filed under Section 417 (3) of the Criminal Procedure Code by a complainant Sultankhan after obtaining leave of the Court, against an order of acquittal passed by the learned Additional Sessions Judge, Shajapur, in Criminal appeal No. 84 of 1956.

(2.) SULTAN Khan filed a complaint before the First Class Magistrate, Shujalpur, against two respondents, Gullu aged 18 years and Noorkhan aged 20 years, under sections 363, 461 and 379 I. P. C. on the allegation that on 14-12-55, the complainant had gone out of his village to attend a local Hat (Bazar), leaving behind his daughter Banno aged 4 years in the custody of his sister; that in his absence the two respondents went to his house and took away the minor girl with them to their mother. The appellant in his memo of appeal did not give the facts of the case correctly. The two accused are his brothers-in-law and the girl whom they took away is their niece. They took away the girl to their mother namely, maternal-grand mother of the minor girl. These facts were suppressed at the time of moving the application for admission, but from the perusal of the record, they have now become evident.

(3.) THE prosecution story goes on to say that when the complainant returned from the "hat," he filed a report against the two accused. The defence was that they had taken the girl with the consent of the complainant. The trial Court acquitted the respondents of all charges except one trader Section 363 I. P. C. and convicting both the accused under. Section 363, the Court directed them to enter into a bond with surety on probation of good conduct, for a period of three years. Against their conviction, the respondents filed an appeal before the Additional sessions Judge, Shajapur, who acquitted the appellant of the offence under section 363 I. P. C. It is against this order of acquittal that the present appeal has been filed.