GANESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS a joint appeal by all the accused appeallnts against the judgment dated June 29, 1979 of learned Addl, Sessions Judge, Udaipur, in Sessions Case No. 77/78 by which he convicted and sentenced the appellant as under: 1. Under Section 366/149 IPC, three years' R.I. and a fine of Rs.500/ -. In default of payment of fine to further undergo simple imprisonment for three months;

(2.) UNDER Section 323 and 323/149 IPC three months 'R.I;

(3.) UNDER Section 148 IPC Six months' Rule 1 and a fine of Rs. 1001 -each. In default of payment of fine to undergo simple imprisonment for two weeks. 2. The prosecution case is that Mst. Tulsi, D/o Narain Lal was at the house of Narain Lal when the accused persons arc said to have forcibily abducted her. It is alleged that PW/3 Smt. Chaini was present in the house and she was also assaulted, when she tried to resist. The prosecution case is that betrothel (sagai) of Mst, Tulsi had taken place with the appellant Ganesh, but she was married to one Pema. On account of this, Smt. Tulsi is said to have been adbucted. The report of the incident was lodged on March 25, 1978 at 7.00 A.M. by PW/1 Narain. 3. After registration of the case, Mst. Tulsi is said to have been recovered on 27.3.78 from the house of accused petitioner Ghasi, vide recovery memo Ex. P/4. She was medically examined by the Medical Jurist, to ascertain her age and the injuries. The Dr. gave the report Ex. P/8 and as per the said report the age of Mst. Tulsi was above 16 years but below 18 years. This report has been admitted by the accused. 4. The police, after completion of the, investigation, submitted a charge sheet against all the five appellants who were tried in the court of learned Additional Sessions Judge, Udaipur. The learned Additional Sessions Judge, after completion of the trial, convicted and sentenced the appellants as aforesaid.