MANGU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal, on behalf of appellant Mangu Ram, is directed against the impugned judgment and order dated 18.10.2005 passed by the Additional District & Sessions Judge (Fast Track), Laxmangarh, District Alwar in Sessions Case No.68/2004, whereby accused-appellant has been convicted and sentenced as under:-

(3.) Briefly stated the facts of the case are that on 11.12.2003, a written report Exhibit-P3 was lodged by PW3 Ramlal at Police Station Laxmangarh, alleging therein that on 16.11.2003 his daughter Manju, aged about 16 years, was on his house, Mangu Kumhar who is brother-in-law of his cousin, came to his house along with one Teekam Chand, who is friend of Mangu and both abducted his daughter Manju, they met Teekam Chand on 19.11.2003 and thereafter they made an enquiry and search about Manju and Mangu on the basis of information furnished by Teekam Chand, but Manju could not be recovered, therefore, a case be registered. On the basis of this information, FIR No.322/2003 (Exhibit-P4) was registered under Sections 363 366 IPC. Thereafter, Kumari Manju was recovered, accused was also recovered. After completion of investigation, a charge-sheet was submitted against accused-appellant under Sections 363, 366 and 376 IPC. The trial Court framed charges against the appellant for the above offences. In support of its case, the prosecution examined PW1 to PW20 and produced documentary evidence. Thereafter, statement of accused was recorded under Section 313 Cr.P.C., wherein he stated that he had not abducted Manju, but Manju herself came with a sum of Rs.800/- and abducted him, she was living with him at her own, therefore, he is innocent and has not committed any offence.