PUSHPA Vs. STATE OF RAJASTHANPUSHPA

JUDGEMENT

(1.) The Additional Sessions Judge, Gangapur City by his judgment dated September 14, 1982 acquitted the appellant in respect of offence under Sections 366 and 376, I.P.C., but convicted her for the offence under Section 363, I.P.C., and sentenced her to Rigorous Imprisonment for one year and a fine of Rs.500/-.

(2.) On going through the judgment of the Additional Sessions Judge, Gangapur City, it would appear that in order to hold the charge for offence under Section 363, I.P.C. as proved against the appellant, he has solely placed reliance on the statement of the girl Mst. Anguri and on her solitary statement, he has come to the conclusion that Mst. Angliri was kidnapped by the appellant from the lawful guardianship of her parents.

(3.) The AddI. Sessions Judge, Gangapur City completely lost sight of the contents of the First Information Report which had been lodged by Sukha (P.W. 1.), father of the girl. The report was lodged after five days of Mst. Anguri's becoming untraceable. It has been mentioned in the First Information Report that Mst. Anguri was seen on August 24,1981 at 3.30 p.m. at the shop of one Gheesa Dhobi. It was expressly said that Bhero Lal, a police constable, informed Yasin son of Sukha that the former had made the sister of Yasin to sit at the shop of Gheesa Dhobi. BheroLal asked Yasin to call his mother. Yasin then went to his father and Sukha came to the shop of Gheesa. It was then mentioned that by that time Gheesa Dhobi made Mst. Anguri to disappear from that place. When Sukha inquired from Gheesa about Mst. Anguri, he showed his ignorance. A crowd had assembled when Bhero Lal constable was also there. The persons in the crowd, including Bhero Lal constable, put pressure upon Gheesa Dhobi and, Bhero Lal told him that he had made Mst. Anguri to sit at his shop and where that girl was? Thereupon, Gheesa told that he would get the girl recovered. Sukha followed Gheesa, but Bhero Lal constable prevented Sukha from following Gheesa and told that neither the girl will go anywhere nor Gheesa phobi. Accordingly, Sukha did not follow Gheesa Dhobi. Then it was mentioned that it was not known where Gheesa Dhobi was? This was in its entirety the First Information Report