PINTU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Aggrieved by the order dated 13.8.2010 passed by the Additional Sessions Judge (Fast Track) No. 1, Jodhpur, whereby the learned Judge has framed charges for offences under Sections 363 and 366 I.P.C, the petitioner has approached this Court.

(2.) The brief facts of the case are that on 1.2.2009, Smt. Lila Devi lodged a report at Police Station Mandore, District Jodhpur wherein she claimed that her brother's daughter, Mafli, had come to stay with her. On 27.1.2009, while Lila Devi had gone to Balwara, she had left Mafli with her daughters. Around 4 0' clock, she received a call from her daughter informing her that Mafli had left the house in the morning and has not come back home so far. When she came back to her house, she tried to locate Mafli. She also her sons to look for Mafli. But, they could not discover her. Around 8.00 PM, her neighbour, Geeta received an anonymous call from a person who informed her that Mafli and petitioner, Pintu, were seen at Merta Railway Station and they were planning to go somewhere else. Geeta informed the person that they are brother and sister. She also informed the anonymous person that Pintu and Mafli will go to Bikaner. The complainant further alleged that she was informed by Geeta about the said conversion. She further alleged that Pintu's father happens to be Geeta's brother. Pintu's parents had gone to Bikaner. Pintu's mother has come back to Jodhpur. But, Pintu's father has not returned. Hence, she claimed that she suspects that Pintu has enticed and taken away her niece, Mafli.

(3.) On the basis of the said report, a formal F.I.R, F.I.R. No. 15/2009, was chalked out for offences under Sections 363 and 366 I.P.C. Subsequently, the petitioner was arrested and the charge-sheet was filed for the afore-mentioned offences. Vide order dated 13.8.2010, the learned Judge has framed the charges as aforementioned. Hence, this petition before this Court.