BABU AHMED KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) JUDGMENT :- Babu Ahmed Khan and Nafis Ahmed appellants were convicted by learned Sessions Judge, Churu vide his judgment dated 26-6-1982 for offence under Section 363, IPC and each one of them was sentenced to one year's rigorous imprisonment with a fine of Rs. 50/- and in default to undergo two months' simple imprisonment. They have assailed their conviction and sentences by this appeal.

(2.) Briefly stated, on 27-4-1980 at 3.00 A.M. Surendra Nath Bhatnagar reported to Station House Officer, Kotwali, Churu vide report Ex. P/6 that his daughter Arti Bhatnagar, who was living with his relation Ratish Mohan Bhatnagar at Churu, was missing. Surendra Nath Bhatnagar was a inspector with Commercial Taxes Departmen at Sikar. He reached Sikar on 25-4-1980 in order to fetch his family members. Arti, who was in her room, was not found therein when he woke up at about 01.00 A.M. He suspected that the appellants with the help of their friend had kidnapped Arti. They took her away with intent to marry her. A case under Sections 363 and 366, IPC was registered. During investigation motorcycle of Babu Khan was recovered from a place near Hotel Deep. Arti was recovered on 28-4-1980 from a station vagun No. DLI-6105 when she was being taken in it near village Sawai Bada. Manphool Singh Station House Officer inspected the vehicle and found Arti along with both the appellants and one Mahesh. Thereafter Arti was medically examined. Her statement under Section 164, I.P.C. was recorded by Chief Judicial Magistrate, Churu. After investigation challan was submitted before the Magistrate having jurisdiction who committed the case to the learned Sessions Judge. Arti, in her statement recorded under Section 164, Cr. P.C., stated that on 25-4-1980 when she was sitting in verandah of the house, a boy named Bageshwar handed her over a letter in which she was asked to go with her father's sister to hospital and take away her letters and photographs otherwise she would be defamed. She went to hospital. There a letter was handed over to her by one Birbal Singh in which she was asked to come out of the house at 12'O clock in the night when her letters and photographs would be handed over to her. She further stated that at about 12.30 a.m. when she was studying in the room, Birbal Singh knocked the window and told her that Babu Ahmed was waiting outside. When she went out, another boy put a hand on her mouth, showed her a knife and told that she should act according to his wishes otherwise she would be killed. The boy, who was doing it, was Nafis Ahmed. She went with them on foot for a distance of 12-13 kms. Then they caught a bus. She was taken to village Malsisar where she was kept for whole of day. Mahesh came there and on 27-4-1980 she was taken to a haveli. Thereafter she was taken to Rajgarh. After some time Mahesh brought a vehicle in which she was taken towards Bikaner and when it was being done, the police intercepted the vehicle. It were Nafis Ahmed, Birbal Singh, Mahesh and Bageshwar who were also involved in the case. She further stated that she was compelled by Nafis to write a letter and that some blank papers were got signed from her.

(3.) Learned Sessions Judge, Churu charged appellants with the offences under Sections 366, 363 and 120-B, IPC which they denied and claimed trial. Co-accused Mahesh was charged with offence under Section 368, IPC while Birbal Singh and Bageshwar with the offence under Section 120-B, IPC. They had also denied their indictment and claimed trial. Prosecution examined as many as 13 witnesses. Thereafter appellants and co-accused persons were examined under Section 313, Cr. P.C. They produced three witnesses in defence. After hearing both the parties learned Sessions Judge acquitted Mahesh Kumar, Birbal Singh and Bageshwar but convicted and sentenced the appellants as stated above.