RAM SHANKER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appeal is pending before this Court since the year 1996. The appellant was convicted by the learned Special Judge, (SC/ST) and Additional Sessions Judge, Bikaner, vide judgment dtd. 27/9/1996 in Sessions Case No.66/1993 for the offence under Sec. 363 of IPC and was sentenced to undergo one and a half years rigorous imprisonment along with a fine of Rs.100.00, in default of payment of fine, seven days SI with the benefit of Sec. 228 Cr.P.C.

(2.) Learned counsel Shri Uttam Singh Rajpurohit is hereby appointed as Amicus Curiae to assist the Court on behalf of the appellant under the free legal aid scheme of Rajasthan State Legal Services Authority. The remuneration to learned counsel shall be paid by RSLSA as the per the rules.

(3.) Briefly stated, the prosecution case is that complainant Badri Narain (brother of prosecutrix) lodged an FIR (Ex. P-11) dtd. 30/6/1993 at Police Station Sadar, Bikaner, alleging that on the occasion of the marriage of his elder sister, the younger sister was staying at his residence. At around midnight, she was found missing. It was further stated that the appellant, who resided in the house situated opposite to that of the complainant and used to sell the bangles, was also absent at the same time and Saraswati also used to visit the house of appellant. Upon investigation, the prosecutrix Saraswati was traced, and the police submitted the charge-sheet against the appellant for offences punishable under Ss. 363, 366-A and 376 of the Indian Penal Code.