BHAKHAR RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the judgment of the learned AddI. Sessions Judge No.1, Jodhpur dated June 06, 1986 by which he has convicted the accused appellants under Section 366, I.P.C. and has sentenced each of them to undergo rigorous imprisonment for two years and to pay a fine of Rs. 200/-. The accused-appellant No.1 Bhakhar Ram has also been convicted under Section 452, I.P.C. and has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 100/-. In default of payment of fine, the defaulter is to further undergo rigorous imprisonment for 15 days. Both the sentences are to run concurrently. The facts of the case giving rise to this appeal may be summarised thus.

(2.) During the night intervening 22nd & 23rd February, 1979, the accused-appellants alongwith one Shiva came to the DhaniT of the complainant PW-2 and forcibly took away his minor daughter Samda PW -12. He lodged written report Ex. P/3 in the Police Station, Jhanwar (Jodhpur) on 6.45 A.M. on February 23, 1979. F.I.R. Ex.-P/15 was drawn and case was registered under Section 363, 366, 342 and 456, I.P.C. and the investigation commenced. Samda was recovered from the DhaniT of the accused-appellant Bhakhar Ram on 23rd February 1979. Ornaments which Samda was wearing at the time of the occurrence were also recovered therefrom. After completing the investigation, a challan was filed against the accused-appellants under Sections 452 & 366, I.P.C. After commitment, the learned AddI. Sessions Judge framed charges under Section 366 & 452, I.P.C. against all the three accused-appellants besides framing charge against the accused Bhakhar Ram under Section 379, I.P.C. The prosecution examined Salag Ram PW-2, his wife Roopali PW-8, daughter Samda PW -12 and son-in-law Khimaram PW-13 as eyewitnesses and several other witnesses and produced and proved 18 documents.

(3.) The accused-appellants admit in their statements recorded under Section 313, Cr.P.C. that the Junior girl Samda was recovered from the DhaniT of accused-appellant Bhakhar Ram. They have also stated that the complainant Salagram married his daughter Samda with the accused B hakhar Ram on 22nd February, 1979 and happily bid farewell in the evening. The remaining prosecution story has been denied by all of them They did not produce any evidence in their defence. After hearing the learned counsel for the accused-appellant & the learned A.P.P., the learned AddI. Sessions Judge No.1, Jodhpur convicted and sentenced the accused -appellants as said above.