BADRI PRASAD MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal under Sec. 374 (2) CrPC has been filed by the accused appellants Badri Prasad Meena and Dhara Singh (who subsequently died and on an IA No.25632/2017 having been filed by Abhishek S/o late Dhara Singh seeking leave to continue the appeal, application was allowed and he was permitted to continue the appeal) against the judgment dtd. 25/2/2015 passed by Sessions Judge, Alwar in Sessions Case No. 130/2014, whereby while acquitting the accused appellants for the offence under Sec. 5(g) read with Sec. 6 of the POCSO Act, they have been convicted for the offence under Sec. 376(2)(g) of IPC and sentenced to undergo life imprisonment with a fine of Rs.5000.00 each; in default of payment of fine, to further undergo 1 year's simple imprisonment.

(2.) Facts of the case, as per the prosecution, are that on 17/7/2012, the complainant Ramesh Chandra submitted a written report at Police Arakshi Kendra, Tehala, District Alwar, wherein it was mentioned that on 4/7/2012 at about 8.00 AM he went to mines to work there and his wife Kamli also went for NREGA labour work. At about 11.00 AM, his younger daughter Mst. T.B. went to the mines to hand over food to her father and after handing over food to him, she departed, but did not reach home. He searched for Mst. T.B., but could not find her. On enquiry, his elder daughter Mst. M.B. informed that teacheRs. Dhara Singh and Badri Prasad who used to teach them in Tilwadi, had given a Mobile Phone with SIM No. 9166899217 to them. They used to talk on the aforesaid Mobile Phone. It was also submitted that when telephone calls were made at the aforesaid mobile number, the mobile phone was found switched off. The complainant's daughter Mst. T.B. was stated to be about 15 yeaRs. of age and she was alleged to have been kidnapped by the aforesaid two persons (accused appellants).

(3.) On the basis of the aforesaid written report, the police registered FIR No. 98/2012 at Police Station, Tehala, Distt. Alwar for the offence under Ss. 363 and 366 IPC and investigation was commenced. After completion of investigation, the police submitted a charge sheet against the accused appellants Dhara Singh and Badri Prasad for the offence under Sec. 376 (2)(g) IPC.