BANSHILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-appellant Banshilal has filed this appeal through the Superintendent, Central Jail, Jodhpur against the Judgment dated 20-12-1996 passed by the learned Additional Sessions Judge No. 3, Jodhpur, by which, the accused-appellant Banshilal was found guilty of the offences under Ss. 363 and 376 read with S. 511 IPC and was sentenced 7 years rigorous imprisonment together with a fine of Rs.1,000/- and in default of payment of fine to further undergo simple imprisonment for six months for the offence under S. 363 IPC and to 10 years rigorous imprisonment together with a fine of Rs. 1,000/- and in default of payment of fine to further simple imprisonment for six months.

(2.) The accused-appellant was charged with the offences under Ss. 363 and 376 IPC on the allegations that on 3-8-1994, at about 6.30 p.m., he kidnapped Mst. Diksha aged 8 years while she and her cousin Rajendra Rathi both were sitting on the shop of her father PW-1 Heeralal Rathi. According to the prosecution story, Heeralal left the shop at about 5.30 p.m. leaving Diksha and Rajendra on the shop. When he returned at about 6.30 p.m. his nephew Rajendra enquired from him whether Diksha reached the house. Thereupon, Heeralal told that she had not reached. Heeralal became anxious and worried and set out in search of his daughter Diksha. Rajendra told Heeralal that one person wearing Dhoti and Kurta and who was sitting on the Chabutara near the shop took Diksha with him for purchasing Supari. When Heeralal could not trace out Diksha he lodged the first information report at the Police station, Pratapnagar, Jodhpur on the same day at 8.50 p.m. The police registered a case and started investigation.

(3.) It appears that PW-6 Lunaram, an employee in RSEB Department, happened to go to the vacant field in front of RSEB sub-station where he found Diksha standing and weeping. He brought Diksha to the police station and thereafter, she was handed over to her father Heeralal. On interrogation, she stated that the person who took away her committed rape after taking her to a lonely place. She resisted and cried but could not get rid of that person. Eventually the accused was apprehended. It may be stated that during the identification parade which was got conducted during the course of investigation Mst. Diksha and Rajendra Rathi could not identify the accused.