MST. KAMLI Vs. THE STATE

JUDGEMENT

(1.) THIS is a jail appeal filed by Mst. Kamli convict against the judgment of the Sessions Judge, Partabgarh, holding Camp at Chittorgarh, dated 10 -10 -1974, by which the appellant was convicted for the offence punishable under Section 363, I.P.C. and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/ -, in default of payment of fine to further suffer imprisonment for three months.

(2.) THE prosecution case against the appellant was that Chain Kanwar, aged about 12 or 13 years was sleeping along with her elder sister and mother in one of the rooms of her parents' quarter in the night between 1.1.1973 and 5.1.1673. At about 11 p m. she was found missing from the room. Her brother Amer Singh was informed about her disappearance by her mother. Upon search, it came to the notice of the inmates of the house that a box containing clothes and ornaments was also missing. The brother of Mst. Chain Kanwar tried to find out her where abouts but despite thorough search Chain Kanwar was not found. An empty box, no doubt, was seen lying outside the quarter of Mangi Lal Harijan on the next day in the morning. Amar Singh lodged a written report with the Station House Officer, Chittorogarh, about the said incident. On the basis of the written report, a criminal case under Sections 363 and 366, I.P.C. was registered. The police made usual investigation into the case and recovered the kidnapped girl from the house of Rajmal co -accused. The police arrested Rajmal and recovered some ornaments vide memo of recovery Ex. P. 11 from the house of Rajmal at the latter's instance and in consequence of his information recorded under Section 27 of the Evidence Act, Mst. Chain Kanwar was sent for medical examination as to her age. Upon medical examination she was found below 18 years of age at time of her examination. From her mouth the police came to know that on the day of occurrence at about 6.10 p.m. Mst. Kamli asked her to go with the former to village Seti for seeing a dance. Mst. Chain Kanwar refused to accompany her to village Seti, because her mother would not permit her do so, Thereupon, Kamli advised her not to seek permission from her mother. Mst. Kamli asked Chain Kanwar to take clothes with her for the purpose of giving them to dancers for wearing them on their bodies. Mst. Chain Kanwar acted accordingly and first of all handed over the box containing the clothes and the ornaments to Kamli in the evening and thereafter at about 1030 in the night she left her house from the back door thereof leaving her mother and brother sleeping in the room. After leaving her house. Mst. Chain Kanwar approached Mst. Kamli who took her to village Seti. White they were going to the village Seti, they met Babu Lal and Rajmal co -accused in the way. These two accused were coming on a bicycle. On seeing Mst. Chain Ranwar, Babu Lal caught hold of her hands and Rajmal pressed her mouth with his bands. Mst. Chain Kanwar raised an outcry, but there was no person to save her. Rajmal asked Cihain Kanwar to sit on the rod of the bicycle and threatened her to kill with a dagger in case she refused to obey his command. From there she was taken to village Bhadsora and was confined in a room of the house of Rajmal Mst. Kamli and some other 1 dies told Chain Kanwar that she would be married with Rajmal at Gandhi Dham. Mst. Chain Kanwar refused to marry Rajmal. The accused persons took away 'Kanthi' and 'Payjab' from the possession of Chain Kanwar. Thereafter the police reached village Bhadsora and recovered Mst. Chain Kanwar from the house of Rajmal co -accused. The police then collected other necessary evidence against all the accused and eventually submitted a charge -sheet against them in the court of the Munsiff -Magistrate, Chittorgarh, under Sections 366 and 379, I.P.C.

(3.) THE Sessions Judge, Partabgarh, tried Babu Lal, Rajmal and Kamli appellant and arrived at a conclusion upon evidence in the case that no case was made out against Babu Lal and Rajmal co accused . He consequently acquitted them of the offence punishable under Section 336, I.P.C. and convict and sentenced Mst. Kamli for the offence of kidnapping as stated above.