HADIA @ DALJI Vs. STATE OF RAJ

JUDGEMENT

(1.) Convicted for the offence under Sections 420, 363, 366A, 368 and sentenced to different period of imprisonment vide judgment dated 31.07.2006 passed by Additional District & Sessions Judge (FT) Banswara, the appellant has approached this Court.

(2.) Briefly the facts of the case are that on 07.04.2006 the complainant, Kavji (P.W.1), submitted a written report before the Police Station, Ambapura wherein he claimed that on 03.04.2006 around 10 A.M. a person came to his house, the person was of dark complexion, was slim and was wearing dirty clothes. He informed Kavji that he is a Bhopa (a religious person of a particular tribe) who cures people of epileptic fits and other illness. When Kavji's father asked his name, he revealed his name as Hadia.

(3.) Since Kavji's daughter, Payal, and other two persons, namely Kesher and Arvind, were also ill, they asked the appellant Hadia to cure them. The appellant further told the complainant that in order to cure the illness of epilepsy, they would need to go to a temple situated in his village and would have to perform certain rituals. For these rites, they would required a virgin girl. Therefore, Kavji (P.W.1) called his sister-in-law, Kali, (P.W.9) to accompany them to the appellant's village. Hoping that the appellant would cure his daughter of epilepsy, Kavji, Kali, along with her mother Parvati (P.W.3), Payal, Arvind, Kesher, Sambhu and his wife, Nanki and Praveen all of them decided to accompany the appellant. Initially they came to Banswara by tempo; in the evening, they took a bus to Bhoyan Gati.