RAMLAL Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 31st May, '79' passed by the Addl. Sessions Judge, Udaipur, by which, the appellant has been found guilty u/s. 363, Penal Code and sentenced to 2 years' RI and a fine of Rs. 200.00 and in default of payment of fine, to further undergo 2 months' SI.

(2.) One Ramchandra, under whose guardianship Mst. Radha was living, lodged a written-report on 1st June, '78. alleging that in the evening at about 5PM, he was informed that one taxi-driver had taken away his niece towards the city, in his taxi. The name of the girl was Mst. Radha, and the Taxi-driver is said to be a 'Harijan'. Prakash, son of Gangadas had seen the taxi-driver taking her away. Prakash and his companion's tried to find out that taxi-driver, but, they could not locate him. It is also stated in the report that the mind of the girl was not upto the mark. Regarding the taxi driver, it is stated that the he used to ply his taxi between the city and the airport. Prakash know the driver very well. So, it was alleged that the driver had kidnapped the girl, Radha, who was about 12-13 years of age. On this report a case u/s. 363, 366 & 376, IPC, was registered. Mst. Radha was found the same night at about 10-11 O'clock, and she was recovered while standing with the accused on the roadside.

(3.) On completing usual investigation, the police filed a challan against the accused person. The trial court framed charges against him u/sec. 366 & 354, IPC. The accused pleaded not guilty and claimed trial.