MOHD SALIM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) -These two appeals arise out of the judgment of the learned AddI. Sessions Judge No.1, Jodhpur dated 29-9-86 whereby the learned lower Court has held accused appellant Mohd. Salim alias Mulla guilty of the offence u/secs. 363-A and 328 IPC and sentenced him to 5 years R.I. together with a fine of Rs. 100/- on the first count and to a sentence of 1 years R.I. together with a fine of Rs. 50/- on the second count. The accused appellant Ramchander alias Bangali Baba has been held guilty of the offence u/sec. 368 IPC and has been sentenced to 5 years R.I. together with a fine of Rs. 100/- and in default to undergo one months R.I. Both the accused have filed separate appeals through Jail. The Court has provided them legal assistance by appointing Amicus-curiae for them.

(2.) The facts necessary to be noticed for the disposal of this appeal briefly stated are: that on 10-11-84 at about 11.30 p.m. complainant Madan Lal lodged F.I.R. at P.S. Sardarpura Jodhpur that his son Devkishan was sent to the school on 6-11-84 at about 10.00 A.M. His age is 10 to 12 years. After he left for the school, he did not come home. The complainant suspected that Mohd. Salim alias Mulla has done some mischief. He, therefore, interrogated him and became convinced that it is he who has done some mischief about his son. As Salim has been frequently going to Pati, Shri Madanlal alongwith his brother-in-law Satya Narayan and one Shri Nathu Singh went to Pali to make a search for his son Devkishan. Therefore, it is alleged that. Devkishan was found in possession of one Ramchander alias Bangali Baba and Mohd. Salim. He was taken into custody and was produced before the police. It is alleged that this boy was kidnapped to force him to beg and actually he was engaged in the work of begging in the town of Pali. The recovery memo was prepared. The accused persons were arrested and after usual investigation, the case against the accused persons was challaned in the Court of learned J.M. No.2, Jodhpur from where it was committed for trial to the Court of Sessions, Jodhpur. Ultimately, his trial was conducted by AddI. Sessions Judge No. 1, Jodhpur and the accused persons were convicted and sentenced as aforesaid. The learned, Amicus-curiae appearing for both the accused appellants did not challenge the conviction of the accused appellants.

(3.) I have gone through the record of the case and have also perused the judgment of the learned lower Court. There is a clear-cut evidence of the abducted boy as also of the P.W. 1 Madan and P. W. 2 Satya Narayna, P.W. 4 Nathu Singh and P.W.7 Madho Lal that this boy was abducted by Shri Mohd. Salim alias Mulla and was handed over for engaging him begging to Ramchander alias Bangali Baba. The boy was recovered from the possession of both the accused persons. Under these circumstances, Devkishan has stated that he was administered one pill by Shri Mohd. Salim who met him on his way to school by which he became unconscious and when he was regained consciousness on the next day, one bone was burnt in his presence with the aid of some chemical substances and thereafter, he was threatened that if he tried to run away, he will also be burnt like this. He was forced to beg alms in the town of Pali. This evidence forms basis of the conviction of accused Mohd. Salim alias Mulla for the offences u/secs. 328 and 363-A IPC and of accused Ramchander alias Bangali Baba for the offence u/sec. 368 I.P.C. I agree with the learned trial Court so far as this conclusion of the learned lower Court about the guilt of both the accused persons is concerned. Accused Mohd. Salim is in custody since 11-11-84. He has already served out the sentence u/sec. 328 IPC He has been sentenced to 5 years R.I. and a fine of Rs. 100/-. For the offence u/sec. 363-A IPC accused Ramchander alias Bangali Baba has also been held guilty of the offence u/sec. 368 IPC and is in custody since 11-11-84. Although, it is a very heinous offence that a boy aged 15 years was kidnapped for the purpose of forcibly engaging or employing him for the work of begging alms and hence stringent punishment should be meted out to such persons who deprive the parents of their children for such obnoxious purposes.