KISHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal under Sec. 374(2) of the CrPC has been preferred by the appellants being aggrieved of the judgment dtd. 13/8/1996 passed by the learned Sessions Judge No.1, District Udaipur in Sessions Case No.49/1994, whereby they were convicted and sentenced to undergo two and a half years simple imprisonment along with a fine of Rs.500.00 and in default of payment of fine, further to undergo simple imprisonment of two months under Sec. 366 of IPC and three months simple imprisonment under Sec. 342 of IPC.

(2.) Bereft of elaborate details, facts relevant and essential for disposal of the instant appeal are that complainant (father of prosecutrix) lodged the FIR (No.42/94) at the Police Station Nai (Udaipur) to the effect that his daughter was kidnapped by the present appellants along with Ram Singh and Nahar Singh. After usual investigation, a charge-sheet was filed against the present appellants for the offences under Ss. 342, 363 and 366 of IPC.

(3.) The Learned Magistrate framed charges against the appellants for the above offences and upon denial of guilt by them, commenced the trial. During the course of trial, Hukum Kanwar, complainant Nawal Singh, Surajkanwar (wife of the complainant), Harisingh, Gopal Singh, Udai Singh, Ram Singh and the then police officer - P.W.-7 Khum Singh and Ashu Singh were examined. The accused, upon being confronted with the prosecution allegations, in their statement under Sec. 313 CrPC, denied the allegations and claimed to be innocent. Then, after hearing the learned Public Prosecutor and the learned Defence Counsel and upon meticulous appreciation of the evidence, learned trial court convicted the accused for offences under Ss. 366 and 342 of the IPC vide judgment dtd. 13/8/1996. Hence, this appeal is filed before this court.