TEJENG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANT Tejeng has been convicted for the offence under Section 366, I.P.C. has been sentenced to 1 year's rigorous imprisonment by the learned Sessions Judge, Banswara, by his judgment dated January 19, 1977.

(2.) THE Prosecution case, in brief, is that in the morning of 11 -5 -76, Mst. Tola P.W. 1 aged 20 years along with her niece Mst. Kala aged 12 years left their house for the jungle for collecting the wood. It is said that the accused -appellant Tejeng came to them and asked Mst. Tola to accompany him and he will keep her as his wife. There upon, Mst. Tola refused. It is said that the accused inflicted 2 -3 lathis blows on the left leg of Mst. Tola and pulled her away. At a distance of 100 paces, one Lalchand met them and he also pulled her. At some distence, Mahji and Bhomji also told blows, The prosecution case further is that near the village Hetabari, Mahji and Bhomji left them. After some distance, Lalchand also left their company. Tejeng took Mst. Tola first to village Jadikajra and from Jadikajra to village Theemadh, Mst. Tola left for the village Chhota Lohariya in the night and went to the house of Mst. Puni, who reported the matter to Tola's brother Barsingh and then, Barsingh took her away to his village Somjipada fiom village Chhota Lohariya. A report was lodged on 13 -5 -76. Thereupon, a case was registered against the four accused -persons. After investigation, the accused -persons were challaned. On trial, the three other accused persons were acquitted. However, the appellant Tejeng was convicted and sentenced as aforesaid.

(3.) I have heard Mr. P.L. Choudhary, learned Counsel for the appellant and Dr. S.S. Bhandawat, learned Public Prosecutor for the State and perused the record of the case.