GULAM MOHIUDDIN Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Gulam Mohiuddin has preferred this appeal, through jail, against this conviction and sentence for the offence under section 363 I.P.C.

(2.) The prosecution case, in brief, is that on 11.8.1975, P. W. 2 Rajeshwar Nath and P. W. 5 Smt. Krishna along with their daughter Sangita went to Keerti Store situated on K. E. M. Road, Bikaner to purchase clothes on the occasion of the coming birthday of Sangita. There the appellant met them and he disclosed his name as Ashoka Kumar Baxi and told them that he also hails from Kashmir. The appellant picked up acquaintance with these people and entertained them' in a hotel where he was staying. During talks, he told them that he had three daughters one of whom was of the age of Sangita. He also requested that if Sangita could give the measurement of her clothes he would be grateful as he required them for his daughter. On 12.8.1975, Sangita and Pradeep went to the appellant at the Green Hotel where the appellant was staying. The.appellant took them to a tailors shop for clothes. On 13.8.75, shop the appellant came to the house of Rajeshwar Nath and informed him that he was an agent of the Indian Gas Company. He offered a job of Rs. 500.00 per month to Pradeep, the brother of Sangita. He also told them to arrange an agency of gas at Bikaner in the name of Kumari Sangita. Thus he picked up close acquaintance with this family. On 17.8.75, the appellant took Pradeep to Jaipur on the pretext that he was taking him there in connection with the gas agency. They returned to Bikaner on 19.8.75. At this time the appellant stayed with the family. He wanted to take Pradeep, Sangita and Warsha (elder sister of Sangita) to Jaipur in connection with the agency. On refusal by Rajeshwar Nath to send the children alone with him the appellant proposed that all the members of the family should go to Jaipur. On the persecution of the appellant the parents, Sangita, Warsha and Pradeep went with the appellant to Jaipur on 27.8.75. There they stayed for about five days but no business in connection with gas agency was done. They returned to Bikaner. The appellant again stayed with their family. Rajeshwar Nath, the father of Sangita fell ill on his returning from Jaipur and got confined to bed. In the morning of 13.9.75 the appellant sent Pradeep to Jaipur by bus with a letter addressed to some Transport Company. P. W. 5 Smt. Krishna, the mother of Sangita went on duty to School as usual. In the noon of the same day. i.e. 13.9.75. the appellant told Sangita that he has sought the permission of her parents to take her to Jaipur. The girl believed what the appellant stated to her. The appellant then took her in a bus to Jaipur. At Jaipur they stayed in Ashoka Hotel. Pradeep also joined them there. Sangita fell ill at Jaipur. The appellant managed for her medical treatment and took her to Sikar, Churu and Ratangarh on the pretext of better medical treatment. Pradeep also accompanied them upto Ratangarh. On 30.9.75 the appellant told Pradeep, while they were at Ratangarh that he was taking Sangita to Delhi for treatment. The appellant took Sangita with him by train from Ratangarh to Delhi. Pradeep returned to Bikaner, When the children did not return from Jaipur, Rajeshwar Nath waited upto 28.9.75 and went to Jaipur, Delhi and Kota in their search. He returned to Bikaner on 30.9.75. On his return Pradeep informed his father that the appellant had taken Sangita to Delhi, The father and son went to Delhi in search of the appellant and Sangita but with no success. They returned to Bikaner on 12.10.1975. On the next date Rajeshwar Nath lodged a written report Ex. P. 17 at Police-Station Dadar, Bikaner. The appellant took Sangita from Ratangarh to Rewari, Neem-ka-Thana, Ringash, Agra, Gwalior, Dantia, Jhansi, Lalitpur, Sagar. Jabalpur, Damch, Mandla, Nagpur and many other places. Finally he took her to Sholapur in Maharashtra and there they stayed in 'Bhagya Shree' hotel. The appellant himself wrote letters and also got letters written from Sangita to her parents and they were posted from various places and also sent some parcels from place to place to Bikaner. All these articles and letters were handed over to the police. The police took immediate steps to follow the accused.

(3.) The police after registering the case proceeded with investigation and Shri Ram Prasad P. W. Investigating Officer, went to Jaipur, Sikar, Khandwa, Nagpur and other cities in search of the accused and Sangita. Ultimately he reached Sholapur on 22.1.1976. There on the same day he recovered Sangita with the applicant in 'Bhagya Shree' hotel. The appellant was arrested. The appellant and Sangita were brought to Bikaner from Sholapur. When the appellant was arrested he gave his name was Rashid Ahmed. After completing investigation the appellant was challaned after trial was convicted by the learned Sessions Judge, Bikaner for the offence under Sec. 363 I.P.C. and was sentenced to undergo rigorous imprisonment for three years and a fine of Rs. 250.00 in default to undergo like imprisonment for two months vide judgment dated 2.9.76. The period of detention undergone by the appellant during the investigation, enquiry and trial was ordered to be set off against the term of imprisonment imposed upon him.