RADU @ RODU & ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In challenge, is the judgment and order dated 19.12.1987 passed by the learned Sessions Judge, Bundi in Sessions Case No.129/1984 convicting the appellants under Section 366 of the Indian Penal Code (hereafter referred to as 'IPC/Code') and sentencing them to suffer rigorous imprisonment for two and a half years and to pay a fine of Rs.50/-, in default, to undergo simple imprisonment for further one month, however, acquitted the appellant No.4-Kadu of the offence under Section 376 IPC.

(2.) I have heard Mr.S.K.Jain, learned counsel for the appellants and Mr.Javed Choudhary, learned Public Prosecutor, Rajasthan.

(3.) Recorded facts reveal that verbal information was lodged by one Jetu to the effect that Ms.Kanwari, daughter of his uncle, Pangla, had been forcibly taken away by the appellants and three others, while she alongwith one Shah Bai was proceeding towards her home. When persons there sought to intervene, the miscreants became violent. The informant however mentioned that the victim had been so taken to make her the wife of the appellant No.4-Kadu. Though the victim raised alarm and did cry, but nobody could save her. On this information, the police registered a first information report and a case under Sections 366 & 376 IPC against the appellants and others and on the conclusion of the investigation, charge-sheet was submitted under the aforementioned provisions of the Code. Eventually, the appellants were charged under Section 366 IPC to which they pleaded "not guilty" and thus were made to stand trial. The appellant No.4 was additionally charged under Section 376 IPC.