RANGLAL Vs. HANUMAN AND ANOTHER

JUDGEMENT

(1.) The petitioner, who happens to be the brother of prosecutrix Mamta, filed this criminal revision petition against the order dated 4.4.2003, of acquittal of respondent (accused) Hanuman, from offences under Sections 366, 365, 343 and 376 IPC, passed by Additional Sessions Judge (Fast Track), Jaipur District, Jaipur, in Session Case No. 46/2002 (21/2001).

(2.) Briefly stated facts of the case are that the petitioner-complainant had lodged a written report Exhibit P.1, at police station Chaksu on 9/11/2000 with the facts that their neighbour Hanuman son of Kajod, kidnapped his sister Mamta aged about 1516 years on 3.11.2000, and that he was seen near Niwai. Further that, he had lodged the missing person report on 5.11.2000, but thereafter he came to know that respondent Hanuman had kidnapped her. On this report, case under Sections 363, 365 and 366 Penal Code was registered at police station Chaksu. During investigation, the prosecutrix Mamta was recovered and her statements under Sec. 164 of the Code of Criminal Procedure (hereafter to be referred as 'the Code') were got recorded and also her medical examination for the purposes of offence and age, was got done and the school certificate of Mamta was also procured by the Investigating Officer, and after usual investigation, challan for offences under Sections 363, 365, 366, 376 and 343 IPC, was filed against the present respondent Hanuman, whereas against his co accused Bhanwar Lal, charge-sheet for offences under Sections 363, 365, 366A and 343 Penal Code had been filed.

(3.) The case being exclusively triable by session, the learned Magistrate committed the same to the Sessions Judge, Jaipur District, where-from it was received by the Additional Sessions Judge by way of transfer. After hearing the charge arguments, the learned trial court discharged the co accused Bhanwar Lal from all the offences, whereas respondent Hanuman was read over the charges under Sections 366, 365, 343 and 376 IPC, which were denied by him and trial was claimed.