SUBHASH CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal by accused Subhash Chand has been preferred against the judgment dated 1.9.98 passed by the Additional Sessions Judge, Khetri District, Jhunjhnu by which he has convicted the accused appellant under Sections 363 and 366-A Penal Code and sentenced him to undergo four years rigorous imprisonment and a fine of Rs. 500.00, in default thereof, to further undergo three months rigorous impressment on the first count and to undergo five years rigorous imprisonment with a fine of Rs. 1,000.00, in default thereof, to further undergo six months rigorous imprisonment. Both the sentences were to run concurrently.

(2.) A girl named Sunita aged about 15 years was kidnapped by the accused appellant and her brother Shri Nathu Ram lodged a report Ex.R1 at Police Station, Khetri on 21.02.97, Stating therein that her sister Sunita aged about 15 years has been kidnapped by his neighbour Subhash S/o Shri Shiv Lal Chamar. Despite search she could not be traced. Upon this report Ex.R1 police registered a case vide FIR No. 29/97 and proceeded to investigate the case. During investigation police arrested the accused vide arrest memo Ex.R3 seized his under-wear vide memo Ex.R4 and recovered Kumari Sunita on 6.3.97 from Khetri Nagar vide memo Ex.R5., collected X-ray report of Sunita, which is Ex.R9, got the accused and Sunita medically examined, the reports of which are Ex.P 10 and Ex.R13, respectively and also recorded the statements of witnesses u/s 161 Cr.RC.

(3.) After completion of investigation, the police submitted a charge sheet against the accused for offence under Sec. 366 A, 363 and 376 Penal Code in the Court of Judicial Magistrate, Khetri who in turn, committed the case to the court of Additional Sessions Judge, Khetri for trial.