RAM BAHADUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal by appellant Ram Bahadur sent through Superintendent, Central Jail Bharatpur arises out of the judgment and order dated 16.10.2001 passed by the Additional Sessions Judge (Fast Track), No. 3, Bharatpur, thereby convicting and sentencing the appellant in the manner s stated below:

(2.) On 26.7.94 PW Rajendra Singh submitted a written report to the Deputy Superintendent of Police, Bharatpur to the effect that he had lodged a report on 4.5.94 at Police Station Chiksana about missing of a girl and a boy, which was pending investigation at the said police station. In the course of their efforts to trace them out, it was found that one Nobel person had taken away the aforesaid girl and boy by deceitful means. It was further alleged that nothing could be found about the boy but the girl Mst. Shivdei was under the detention of Mooli, Ratan, Dayali and Hariram at village Khora, Police Station Vair. According to the complainant, the accused appellant who abducted the girl was also present with them, he complainant stated that these persons intend to sale the girl. In the circumstances, the complainant requested to get his sister recovered.

(3.) Having received the above report, the Deputy Superintendent of Police directed the SHO of Police Station, Chiksana to register a case, proceed with the investigation and to take action to get the girl recovered. Accordingly, the SHO registered a case vide FIR No. 156/94 for offence under Sections 363, 366 and 368 IPC and proceeded with the investigation. In the course of investigation, the police arrested Mooli, Ratan and Had Ram, but since no offence was committed by these persons, the police submitted an application before the court to release the accused under the provisions of Section 169 Cr.PC. and after completion of investigation submitted F.I.R. No. 46/95 as against these three accused.