STATE OF RAJASTHAN Vs. SHIV LAL AND ORS.

JUDGEMENT

(1.) The State is aggrieved by the judgment dated 25.3.2010 passed by the Additional Sessions Judge No. 2, Chittorgarh, Camp Bangu (Raj.), whereby the learned Judge has convicted Shiv Lal, respondent No. 1, for offence under Sec. 363 I.P.C., but has acquitting him of offence under Sections 366 an 366A I.P.C. The learned Judge has acquitted Nand Lal, Phool Chand, Kailash Chandra, Lalu and Shankar Lal, respondent Nos. 2 to 6 respectively for the offences under Sections 363, 342, 366 and 366A I.P.C.

(2.) The brief facts of the case are that on 18.9.2005, Ugam Chand (PW-3) had filed a written report before the Police Station, Bangu wherein he had claimed that his niece, Sarita, the daughter of his brother - Rameshwar Lal, had gone out of the house, in the evening of 16.9.2005, for answering the call of nature. However, ever since then, she has not returned. Therefore, along with the Sarpanch, Ghansi Lal, and others, he have went looking for her. On the next day, they went to Kankariya. They were informed that five boys and a girl had come to Shankarlal's place. When they asked Shankarlal, initially he denied about the five boys and the girl having come to his place. However, later on, he admitted this fact. Subsequently, the group of persons reached Singoli, where they discovered Sarita and Shiv Lal in a room. When Shiv Lal saw them, he promptly ran away. On the basis of the said report, a formal F.I.R., F.I.R. No. 297/2005, was chalked out for offences under Sections 342, 363 and 366 I.P.C. Although the charge-sheet was filed for offences under Sections 363, 366A and 342 I.P.C., but subsequently the charges were framed for offences under Sections 363, 342, 366 and 366A I.P.C.

(3.) In order to prove its case, the prosecution examined eighteen witnesses and submitted eighteen documents. After going thorough the oral and documentary evidence, the learned Judge convicted and acquitted the accused-respondents as mentioned above. Hence, this criminal leave to appeal before this Court.