PHOOLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals being S. B. Criminal Appeal No. 183 of 1978 and S. B. Criminal Appeal No. 189 of 1978 arise out of the same judgment and relate to the same occurrence and as such they are being disposed of by a common judgment.

(2.) ACCUSED Phoola, Hariram alias Sriram and Suraj Karan (acquitted by the trial court) were prosecuted in the Court of the Additional Sessions Judge, Ajmer, under sections 342, 343 and 366, I. P. C. , for abducting Mst. Durga by deceitful means with an intention to compel her to marry against her wishes and for wrongful confinement for more than three days. Learned Additional Sessions Judge acquitted Suraj Karan, who was tried along with the appellants. He, however, convicted and sentenced accused-appellants Phoola and Hari Ram alias Shri Ram as under: - 1. Phoola u/s 366, IPC 3 years' rigorous imprisonment and a fine of Rs. 500/-, in default of payment of fine to further suffer 3 months' rigorous imprisonment. u/s 342, IPC 1 month's rigorous imprisonment. 2. Hariram u/s 366, IPC 3 years' rigorous imprisonment and a alias fine of Rs. 500/-, in default of paym-Sriram ent of fine to further suffer 3 months' rigorous imprisonment. u/s 343, IPC 6 months' rigorous imprisonment. The substantive sentences of imprisonment awarded under different counts were ordered to run concurrently.

(3.) IT is a fact that one of the co-accused namely, Suraj Karan, has been acquitted by the lower Court and the State Government has not come up in appeal. Therefore, the statement of the prosecutrix will have to be examined with care and caution.