RAMSWAROOP AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal under section 374(2) of the Code of Criminal Procedure 1973 (Cr.P.C.) against the judgment and order whereby the learned Sessions judge, Tonk convicted and sentenced the appellants in the following manner: <FRM>JUDGEMENT_57_LAWS(RAJ)12_19971.html</FRM>

(2.) Under Police Station Diggi, Distt. Tank, at a distance of about three kilometres, there situates village Bhipur. Outside the village Abadi the appellants, NUTs by caste, have their 'Deras'. On 22.4.1982 at about 5.00 p.m. PW 9 Nawal Kishore, Head Constable at Police Station Diggi received a secret information that the appellants, Ram Swaroop and Vijay Shankar, had procured two minor girls aged about 11, 12 years, PW 5 Roopa and PW 6 Kiran, and the appellants had wrongfully confined them and had been forcing them to illicit intercourse with other persons for the last two months. The Head Constable reduced this information in the General Diary at S.No. 567 and left for Bhipur at 5.30 PM alongwith PW 3 Vimal Chand and three other constables (Ex. P/12). From village Bhipur he took with him PW 2 Baloo and one Ram Lal and reached the 'Derads' of the appellants. At the west-faced double storeyed Pucca house of Ram Swaroop appellant PW 6 Kiran alias Manjoo was found. The male appellants were not there at that time but the lady appellants were there. Nawal Kishore Head Constable recovered Km. Kiran and interrogated her. On interrogation Km. Kiran unfolded the story like this:

(3.) PW 9 Nawal Kishore reduced the statement of Km. Kiran to writing (Ex. P/13), returned to the Police Station alongwith the recovered girl (Ex. P/14) and registered FIR No. 49/82 on the basis of the statement of Kiran. The investigation of the case was taken over by PW 10 Radhey Shyam Pareekh, Station House Officer on his return to the Police Station. Kiran was got examined by PW 1 Dr. S.S. Sarkar, Medical Jurist at Sa 'adat Hospital' Tonk on 23.4.1982 for determination of her age and subjection to illicit intercourse. Dr. Sarkar opined that she was between 14 and 16 and that she had been subjected to intercourse. She was then sent to Nari Niketan.