KASAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal against the judgment dated 23-3-2001 delivered by the learned Additional District and Sessions Judge, Banswara holding camp at Kushalgarh whereby the accused-appellant was found guilty and convicted for the offences under Ss. 363, 366 and 376, I.P.C. For the offences under Ss. 363 and 366 and 376, I.P.C. For the offences under Ss. 363 and 366 identical sentences of rigorous imprisonment for three years' and fine of Rs. 500.00 in each case were awarded and in default of payment of fine one month's extra simple imprisonment was awarded for each offence. For the offence under S. 376 sentence of seven years' rigorous imprisonment and fine of Rs. 1000.00 was awarded and in default of payment of fine further simple imprisonment for three months' was awarded.

(2.) The facts of the case, in brief, are that Kaliya (P.W. 1) on 4-5-1999 at 3.15 p.m. lodged the written FIR Ex. P1, at Police Station Kalinjara. According to the FIR the accused on 2-5-1999 took away Kumari Jesi (P.W. 2) from her house on the pretext that she was called by the school teacher and thereafter she never came back for two days. A search was made, which remained futile and consequently the FIR Ex. P1, was lodged on which a case under S. 363 and 366, I.P.C. was registered.

(3.) Meanwhile, private search also continued and Ladji (D.W. 1) was sent to Ahmedabad where he found the address of Kumari Jesi and he brought her back and produced in the police station. Her statement, Ex. D1, was recorded under S. 161, Cr. P.C. She denied the story of abduction or kidnapping and stated that she left the house of her on accord and went to another village 'Padi-Lasodiya' in search of some employment. Thereafter the accused left for Ahmedabad for the same purpose and she accompanied him and both were employed at Ahmedabad as labourers where they remained for about 8 days. She stated that Ladji (D.W. 1) came there searching for her and brought her back. She also made a mention that the accused is her cousin and nothing untoward happened between them.