RAGHUBIR Vs. STATE OF M.P.

JUDGEMENT

(1.) TO appreciate the rival submissions raised at the Bar, I have carefully perused the impugned judgment. I have also scrutinised the evidence record with the assistance of the learned counsel for the parties. As far as the present appeal is concerned it is to be delved into whether the present accused/appellants have been rightly found guilty for the offence punishable under section 366 of IPC or not. The prosecutrix who has been examined as PW 1 has stated in her examination -in -chief that she accompanied Raghubir Singh, elder brother of her husband, as she was influenced by his statement that the land recorded in the name of her Late husband would be transferred to her. She has further stated that at Chhatarpur the registry could not be done on that day and was to be done on the next day. She has also stated that she was taken by the accused/appellants to Patha Dhakarwa where she stayed at Kishanlal's house where she was left behind by the accused/appellants on the pretext that they had got into some sort of trouble. When she made enquiries from Kishanlal and Sitaram, she came to learn that she had been sold by the accused/appellants for Rs. 4,000/ -. It is in her evidence that she had gone to Jhansi where she was taken to the Court. She has stated that she had given her thumb impression on certain documents as she was terrorised. She has deposed that she stayed with Kishanlal for six months as she was terror -striken. In her cross -examination the prosecutrix has admitted that she had not asked Raghubir Singh and Pyarelal to take her home. She has clearly accepted that in Ex.P -2 her photographs find place and that has been taken with Kishanlal. She has stated that she had travelled to Jhansi by a bus but she did not shout as she was scared of the accused persons. She has also stated that after getting down from the bus she did not seek help of any person. She has also admitted that she had been taken to the Court but was not able to remember whether her mouth was open or gaged. She has deposed that when she stayed at Patha Dhakarwa no woman of the village or any other villager was allowed to meet her.

(2.) APPEAL allowed.