KESU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal has been preferred under Sec. 374 of the Code of Criminal Procedure against the judgment dtd. 28/2/1996, passed by the learned Special Judge cum Additional Sessions Judge, Pratapgarh (hereinafter referred to as the 'Trial Court') in Sessions Case No. 146/92 (72/88), whereby the accused-appellants were convicted as under :-

(2.) Briefly stated, the facts of the case are that the complainant lodged a written Report (Exhibit-P/8) dtd. 2/7/1987 in Police Station, Arnod, Pratapgarh alleging inter alia that his daughter, the prosecutrix, had left for her in-laws' place in village Bhadwas Kala about 4 months ago and went missing. He further alleged that pursuant to efforts made at their end, they found the prosecutrix to be living in Dhakarkhedi, District Bhilawara with one Bheria Meena, to whom she was sold under the customary practice of 'Nata Pratha' by Bumba Pathan, Baras Khan, Jagdish, Sohan Lal, Cheeman Lala Balai and the wives of Ambalala and Jagdish.

(3.) The Police filed a charge-sheet against all the accused persons for the offences under Ss. 366/120B, 376, 344/120B of the Indian Penal Code (hereinafter referred to as 'IPC'). The competent Court after committing the case, sent it to the Trial Court, which framed charges qua appellant No. 1, under Ss. 366/120B, 376/109-344/120B of the IPC, while charges under Sec. 366/120B, 376-344/120B of the IPC were framed against other appellants namely, Gautam, Jagdish @ Jagla and Gopal @ Jabba.