AMRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED appellant Amra was tried for offence under Sec. 364 alternatively under Sec. 363-A of IPC by learned Sessions Judge, Dungarpur alongwith his wife Smt. Harki. Both of them denied their indictment when charges were read over to them and claimed trial. Prosecution examined as many as 10 witnesses in support of its case. They were examined under Sec. 313 Cr. P. C. and ultimately convicted and sentenced to two years rigorous imprisonment with a fine of Rs. 500/-each and in default to undergo six months rigorous imprisonment by learned Sessions Judge, Dungarpur as offence under Sec. 363 IPC was found proved. It is only accused Amra who has preferred this appeal.

(2.) I have heard the learned Amicus curiae Shri Pareek on behalf of appellant and learned Public Prosecutor on behalf of State at length.

(3.) SMT. Manjula PW-7 who is the mother of Alka has stated that it was Nana Bhai who told that Alka was taken away by the appellant and a lady accompanying him. She reached near the house of Sana and found that the appellant was taking away Alka. Then she made hue and cry. Thereupon people collected and caught hold the accused appellant and his wife. She has stated in very clear terms that she did not know the appellant and his wife from before. Therefore, there appears to be no reason why she would implicate the appellant falsely. She is a credible wit-ness.