CHHOTU HARIJAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This jail appeal under Section 383, Cr.P.C. has been directed against the judgment of conviction and order of sentence dated 7-6-2002 passed by Addl. Sessions Judge No. 1, Udaipur in Sessions Case No. 32/2001 - State v. Chhotu Harijan, whereby accused-appellant Chhotu Harijan has been convicted under Sections 376, 363 and 366, IPC and sentenced to undergo rigorous imprisonment for five years and a fine of Rs. 500/-, in default of payment of fine to further undergo 15 days simple imprisonment under Section 376, IPC; two years' rigorous imprisonment and a fine of Rs. 500/-, in default thereof to suffer further 15 days simple imprisonment under Section 363, IPC; and three years' rigorous imprisonment and a fine of Rs. 500/-, in default further simple imprisonment of 15 days under Section 366, IPC. All the sub-stantive sentences were ordered to run concurrently and set off under Section 428, Cr.P.C. was granted to the accused.

(2.) Briefly stated, the facts of the case are that on 23-6-2001 at 8.30 p.m., complainant Gopal Singh (PW 1) lodged a verbal report at Police Station, Pratap Nagar to the effect that his daughter Varsha, aged 14 years, who had gone to answer the call of nature towards the river at about 5.30 p.m. had not returned for quite some time and she could not be traced even after efforts being made to find out her. On that report, a report about the missing girl was reduced into wilting. Thereafter, on 27-6-2001 at 11 a.m. said Gopal Singh (PW1) presented a First Information Report (Ex.P/2) stating inter alia therein that his daughter Varsha, who on 23-6-2001 had gone towards the river to answer the call of nature, did not return. He and his neighbours searched for her but could not know about her whereabouts so report was lodged on that very day at the police station. He further stated that on inquiries being made, Noorie (a girl from the vicinity) told that Chhotu Harijan and his companion had induced Varsha to go with them. It was also stated in the report that Chhotu took away his minor daughter in order to marry with her and kept her somewhere in captivity. He stated that the date of birth of Varsha in the school certificate records as 15-2-1986 and prayed that by taking legal action the custody of the girl be given to him.

(3.) On the basis of above report (Ex.P/2), case Mo. 168/2001 was registered under Sections 363, 365, IPC and FIR (Ex. P/14) was chalked out,