STATE Vs. GYANI RAM AND OTHERS

JUDGEMENT

(1.) The State of Rajasthan has preferred this appeal against the judgment and order dated January 28, 1989 passed by the Additional District and Sessions Judge No. 2, Alwar (Rajasthan) in Sessions Case No. 26/83 by which he acquitted the accused-respondent Gyani Ram of the charges under Sections 363, 366, 376 and 379, IPC and accused-respondents Mohar Singh, Ramanand, Om Prakash and Dharmanand of the charges for the offences under Sections 363 and 366, IPC.

(2.) During the investigation, the girl was examined by the police under Section 161, Cr PC and was also produced before the Magistrate on November 3, 1982 where she was examined under Section 164, Cr PC. She stated that she was seduced on the pretext of mela and threatened to go with accused Gyani Ram and she was forced to sign some documents and to give some statements. She was raped at Narnaul by Gyani Ram and Dharamchand (accused-respondent No. 5). From Narnaul she was taken to Moga Mandi under threats and fear of life by the accused-respondents.

(3.) After usual investigation the police submitted a challan against the accused Gyani Ram (accused-respondent No. 2), Ramanand (accused- respondent No. 3) and Mohar Singh (accused-respondent No. (1) under Sections 363, 366, 368 and 376, IPC. Mohar Singh (accused-respondent No. 1) was found absconding at that time.