STATE OF RAJASTHAN Vs. IBRAHIM

JUDGEMENT

(1.) THIS is an appeal by the State against the judgement of the learned Sessions Judge, Alwar, dated the 12th November, 1956, acquitting, accused Ibrahim, Alrnoor Sagru of the offences under section 366, 406 and 420 I. P. C.

(2.) THE prosecution story against the accused-respondents was that one Mst. Sayidan (P. W. 1) was married to Jumma, resident of Tonk. In January, 1955, she was staying with her mother Mst. Idi at village Choth-ka Barwara which is in district Sawai Madhopur. Her husband and father-in law came to Choth-ka-Barwara on or about 13th January, 1955 in order to take her away to Tonk. It is said that accused Ibrahim who is resident of village Jalna in Tonk district had also happened to come to Choth-Ka-Barwara and he was staying at the house of his father-in-law named Rasoola. THE story proceeds that on the evening of 16th January, 1955, Mst. Idi asked her daughter Sayidan to approach women of their locality and invite them in order to sing song for entertaining the guests. Mst. Sayidan accordingly went out and she happened to meet accused Ibrahim at Rasoola's house. It was alleged that the accused Ibrahim kidnapped Mst. Sayidan and took her away to Sawai Madhopur railway station. From there, he took her to Ganga-pur, then to Ratlam, Indore and Ahmedabad. From Ahmedabad he took her to Roopbas and there she was given in marriage to one Deena Rangrez in lieu of Rs. 450/ -. THE prosecution further proceeded to say that Deena took away the girl to his village Hald-iana where she lived for about 8 days. Accused Ibrahim then brought that girl from Haldiana to Roopbas where there was some quarrel between Ibrahim and Deena about her. P. W. Bodanlal, who was Upsarpanch of Roopbas was informed by some Chhipas that a Hindu girl seemed to have been abducted. He, therefore, went to the house of P. W. Niwazi where the girl was staying. He took her to police station Alwar and made a report there. THEreafter, the police started investigation and it came to the conclusion that Mst. Sayiden was a minor girl below 18 years of age. It also found that 2 more persons, namely Sagru and Alanoor, had taken part in abducting her from Ahmedabad to Roopbas. THE Police also came to know during the course of investigation that accused Ibrahim had stolen the ornaments which the girl Mst. Sayidan was wearing on her person at the time of occurrence and that he had also committed rape on her at various places during the course of their journey. It was further found that all the three accused had cheated Deena and obtained from a sum of Rs. 450/ -. Ibrahim was therefore chall-aned for offences under sec. 366. 376 & 379 and 420 I. P. C. while Sagru and Alanoor were challaned for offences under sec. 366 and 420 I. P. C.