JABRA RAM Vs. STATE OF RAJ

JUDGEMENT

(1.) The appeal is directed against the judgment dated 19/6/2008 passed by learned Addl. Sessions Judge (F.T.), Jalore in sessions case no. 48/2007, whereby, he convicted the accused Jabra Ram for the offence under Sections 363, 366 and 376 IPC and sentenced him to undergo three years RI and fine of Rs.300/- for the offence under Section 363 IPC and in default of payment of fine to further undergo one month R.I., four years R.I. & fine of Rs.400 for the offence under Section 366 IPC and in default of payment of fine to further undergo two months R.I. & five years R.I. & fine of Rs. 500/- for the offence under Section 376 IPC and in default of payment of fine to further undergo three months R.I.

(2.) The brief facts of the case are that on 16/7/2007 at about 2.00 pm complainant Bagaram submitted a written report to SHO, Police Station Jalore alleging therein that on 15/7/2007 at about 6.00 am when he wake up, he did not find his daughter Amiya aged about 12 years. Upon this, he enquired from the neighbours but he could not get any clue of his daughter. Then he also enquired from his nearby 'bera', where one Jabra Ram was cultivating the field, & he found that said Jabra Ram was also missing and on further inquiry he came to know that Jabra Ram has abducted his daughter on 14/7/2007 with the intention to marry her. On this report, a case was registered and challan was filed in the court of Chief Judicial Magistrate from where the same was committed to the Court of Sessions. On the basis of material produced by the prosecution, the charges under Section 363, 366 and 376 IPC were framed against the accused Jabra Ram and same were read over to the accused, which he denied and claimed trial.

(3.) The prosecution examined as many as 16 witnesses and got exhibited 25 documents in support of its case.