MAM CHAND AND OTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) -On April 14, 1982, at about 8.00 A.M., PW.2 Rameshwar lodged a report with P/s. Gudha alleging therein that during the intervening night of 13-14 April, 1982, when he was sleeping at his Dhani alongwith other members of his family, including his minor daughter PW.4 Santosh, the appellants alongwith one mala Ram, Sarpanch, (since acquitted by the trial court), reached there, belaboured him and his wife Smt. Parmeshwari, PW.3, and forcibly kidnapped his minor daughter Santosh, PW.4. On this report PW.6 Ramdhan Sharma, S.I., registered a case for the offences Under Sections 363, 395, 147 and 323 Penal Code against the appellants and one Mala Ram, aforesaid and commenced the investigation.

(2.) On 24.5.82 PW.6 Ramdhan Sharma, S.L, received an information from his Dy. S.P, who was supervising the investigation, that the appellants had brought the kidnapped girl PW.4, Santosh, to the court premises. Sh. Ramdhan Sharma, therefore, reached the court premises and found Santosh, PW.4, there in the company of the appellants. He arrested the accused persons PW.8 Sobha Singh. A.S.I., and PW.9 Kanwardheer, Inspector C.I.D., completed the investigation and charge-sheeted the present appellants and Mala Ram Sarpanch (aforesaid), in the case.

(3.) The learned Sessions Judge tried the present appellants and Mala Ram for the offences Under Sections 363, 366, 376, 323 and 342 IPC. He, however, acquitted Mala Ram, Surpanch, but convicted and sentenced the present appellants in the following manner: <FRM>JUDGEMENT_88_LAWS(RAJ)8_19971.html</FRM>