KISHORI RAGHNATH Vs. STATE

JUDGEMENT

(1.) THERE are two appeals, one of Kishori (Criminal Appeal No. 466 of 1963) and tire other of Sunam Singh Criminal Appeal No. 595 of 1963), which would be disposed of by this judgment. Both Kishori and Sunanv Singh have bean found guilty under Section 366 of the Indian Penal Code by the Sessions Judge, Hissar. The former has been sentenced to a term of two years' rigorous imprisonment and a fine of Rs. 100/- and the latter to three years' rigorous Imprisonment and a fine of Rs. 100/- Two other convicts Amrika Parshad and Rama Nand, who have also been found guilty and sentenced to two years and one year rigorous imprisonment respectively and a fine of Rs. 100/- each have not appealed. Sukhdev Singh was acquitted by the Sessions Judge.

(2.) SOMETIME in the month of April, 1962, the wife of Ghasi Ram P. W. 12, who is a labourer employed to the Punjab Textile Mills at Bhiwani was abducted and he filed proceedings under Section 498 of the Indian Penal Code against Amrika Parshad, Kishori appellant and Mst. Bhago. This complaint was dismissed in default. Three daughters of Ghasi Ram, Salochna P. W. 1, aged 12, Raw Piari aged 8 and Soma aged 6, were living with him in the quarter of the Mills. On 31st of May, 1962, Ghasi Ram had left for the city at about 7 P. M. in connection with the proceedings which were still going on regarding, the abduction of his wife. When he returned at about 9. 30 P. M. He found the eldest of his three daughters Salochna missing. He was informed by Ram Piari, his second daughter that the convict Amrika Parshad and Kishori appellant had called for her and taken her away though she could not say where she had been taken away. He was unsuccessful In his search for the missing daughter that night but next morning he got information from Ram Adhar P. W. whose shop is on the roadside, that he had sean Salochna and Rama Nand convict going In a rickshaw followed by Amrika Parshad convict and Kishori appellant on bicycles. He went to the police station where, however, his report was not recorded. Ghasi Ram then moved the Superintendent of Police, Hissar, through the application Exhibit PF dated 5th, of June, 1962, scribed by Ram Das, who made Immediate orders that day that the report should be submitted by the S. H. 0. Bhiwani City. A formal first information report was drawn up after the Assistant Sub-inspector had recorded the statement of Ghasi Ram. A. S. I. Moji Ram P. W. 16 took up the investigation in hand. Sukhdev Singh, brother of Sunam Singh, appellant, was interrogated on 17th of June, 1962, Thereafter, Maujl Ram along with Ghasi Ram went to Sahni Police Station in the district of Aligarh and with the assistance of the local police, the house of Sunam Singh was raided in village Aisi in the presence of local residents, Badan Singh, Anar Singh and Vijairpal Singh P. Ws. Sunam Singh appellant and his wife Rajjo slipped from the house but Salochna was recovered from there. She was all by her self in the house of Sunam Singh at the time of her recovery.

(3.) SALOCHNA as P. W. 3 has given the detailed story of her removal on false pretext from the house of her father. She knew all the accused persons as they are employees in the Electricity Department at Bhiwani and one of them is in the Textile Mills. According to her, Kishori Lal and Amrika Parshad came to her father's house in his absence between 8 and 9 P. M. on 31st of May 1962. Both of them asked her to accompany them and it was represented that her mother was at Rewari. At first she declined to accede to their request but on being told that her mother had sent for her she assented. Salochna told her sisters to remain in the quarter and she would return soon. After covering some distance, she saw a rickshaw in which Rama Nand convict was sitting. She was asked to take a seat in the rickshaw with him and Amrika Parshad and Kishori followed the rickshaw on their bicycles. The party went to Railway Station Bhiwani where Sunam Singh appellant was present. After a confabulation between themselves, Klshori and his companions took Salochna to Rewari by train. On reaching Rewari Salochna at once asked where her mother was. Thereafter the intention of the convicts did not remain in any doubt because they threatened to kill her if she tried to raise any cries of alarm. From the Rewari railway station she was taken to Delhi where she was entrusted to Sunam Singh and his three companions Kishori Lal, Amrika Parshad and Rama Nand, directed him to sell her off and it was decided that the miscreants would share the proceeds equally between themselves. So far as Amrika Parshad, Rama Nand and Klshori are concerned, this Is all what they did. Sunam Singh then took Salochna to Aligarh by bus and from there she was taken to his village Aisi where his wife Rajjo was staying. Salochna was kept there for about three weeks and during this period both Sunam Singh appellant and Rajjo kept a close watch on her at night. Sukhdev Singh accused, brother of Sunam Singh appellant, also reached Aisi after some time. During the time that Salochna was in Aisi she was visited by many persons who came to see her with the object of buying her. She used to overhear the conversations regarding her disposal by sale. Her body was displayed and Sunam Singh and Sukhdev Singh behaved most indecently on occasion by baring her body end removing her clothes for observation of the prospective purchasers. She was it Aisi for two months when the police recovered her from the house of Sunam Singh. According to Salochna, Sunam Singh and Rajjo on hearing of the arrival of the police at Aisi quietly slipped away.