USMAN KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) his appeal is directed against the judgment dated 31.3.1999 passed by the Special Judge (Sati Nivaran)and Additional Sessions Judge, Jaipur City, Jaipur, whereby he has convicted the accused appellant under Sections 363, 366 and 376, I.P.C. and sentenced him to undergo rigorous imprisonment for 3 years and a fine of Rs. 1,000/-, in default thereof, to further undergo 3 months' rigorous imprisonment; to undergo five years' rigorous imprisonment with a fine of Rs. 1,000/-, in default of payment of fine, to further undergo 3 months' rigorous imprisonment on the second count; and to undergo 10 years' rigorous imprisonment with a fine of Rs. 1,000/-, in default thereof, to further undergo 3 months' rigorous imprisonment. All the sentences were ordered to run concurrently.

(2.) Briefly stated the facts of the case are, that PW 6 Rameshwar Prasad submitted a written report Ex. P.9 on 1.12.1997 at Police Station Nahargarh, Jaipur to the effect that his daughter had gone to market along with his elder daughter's son on 28.11.1997 When she did not turn up till late night, they started searching her and also enquired from their relations. While giving description of the girl and the age of the child, he requested for tracing them out. He stated the names of the girl and the child as Monika and Deepak respectively.

(3.) On 5.12.1997 Rameshwar again submitted a report, Ex. P.7 regarding the kidnapping of his minor daughter and grand-son by accused Usman s/o Riyaz Khan, in which he alleged that he is engaged in selling fruits and Usman was working with him as his servant. On 28.11.1997 at 12.30 p.m. he had sent Usman to bring his meals from his house, but he did not turn up till 3.00 p.m. He went to his house and on enquiry, he was informed that Usman has taken away his grand-son aged 1 years by saying that he will come after taking round of the market. He further alleged that her younger daughter Monika aged 14 years and is a student of Class VII had returned home early from the school on that day was also not available at home. On being asked to her elder daughter, she informed that Monika has gone to her friend. On enquiry from her friends, they informed that Monika did not come. He searched for Monika, Deepak and Usman for two days and having failed to trace them, he had lodged a report at the police station on 30.11.1997 about missing of Monika and Deepak. Apprehending that accused Usman has kidnapped both of them, he lodged a report and requested for action.