BHIMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal by appellants Bhima and Ganesh against the judgment of learned Additional Sessions Judge, Rajsamand dated 30-9-1983 by which he convicted them for offence under Section 366, IPC and sentenced each one of them to two years' rigorous imprisonment and also imposed fine of Rs. 100/- and in default they were ordered to undergo three months' rigorous imprisonment.

(2.) Briefly stated the case of the prosecution is that on 29-11-1980 at about 10.00 p.m. Nauja reported to Station House Officer, Delwara that his daughter Narki aged about eight years along with Heeri and Bhuri had gone to Nami Beeda in order to collect fodder. Bheema had accompanied them. In the evening they were returning and when they reached near Bheru Ghati a jeep came from behind. Some persons came out of the jeep. They threw the head load of Narki and took away Narki in that jeep. Bhuri and Heeri made hue and cry but it was of no effect . The complainant had doubt that Vasia had abducted her because he had asked the complainant to engage Narki with his son but the relationship could not materialised as Vasia's son was lame. Consequently Narki was betrothed in another village. He had also a doubt that Lalu and Bheema were also associated with crime.

(3.) Police registered a case under Sections 363 and 366, IPC. Narki was recovered and was medically examined. Her age was found to be between 13-14 years. However, challan was submitted before the Magistrate having jurisdiction against the appellants as well as some co-accused persons. He committed the case to the learned Additional Sessions Judge. Learned Additional Sessions Judge on 31-1-1983 framed charges against Bheema. Khema, Sakha, Ganesh, Dunga and Thania under Section 366, IPC and against other accused persons under Sections 366, and 368, IPC. Appellants denied their indictment and claimed trial. Thereupon prosecution examined 15 witnesses in all. Statements of appellants were recorded under Section 313, Cr.P.C. They examined DW 1 Vasa and DW 2 Amra. After hearing both the parties learned Sessions Judge convicted appellants Ganesh and Bhima under Section 366, IPC and sentenced them as stated above. He acquitted all other accused persons. Appellants aggrieved by their conviction and sentence have filed this appeal.