- (1.) In this case 10 persons were sent up for trial before the Sessions Judge of Fatehpur. One cithern, namely, Ram Bharosey, was charged Under Section 366 IPC for abducting Smt. Girja, a married girl, on 28-7-1951 at about 10 p.m. from her father's house in village Naraini, Police Station Kishanpur, in the district of Fatehpur, with the intention or knowledge that she would be used for illicit intercourse. Three of them, namely, Manna, Sheo Bhukhan and Ram Manohar, who are brothers and maternal nephews of Ram Bharosey, were charged Under Section 366/ 114 IPC for abetting the abduction of the girl, and the remaining six, namely, Ram Adhar, Jagatpal, Rampal, Ram Sewak, Nanku son of Raghunandan and Nanku son of Shiv Ram were charged Under Section 368 IPC for wrongfully concealing Smt. Girja knowing that she was an abducted girl. Sheo Bhukhan was also charged Under Section 368 IPC in addition to the charge Under Section 366/ 114 IPC.
(2.) The prosecution story may be briefly stated as follows: Smt. Girja is the daughter of Sheo Bhajan. The accused Ram Bharosey is a distant cousin of Sheo Bhajan. They both lived in village Naraini and their houses were close to each other. Srnt. Girja was married in May l951 to one Devi Dayal of village Kewai and at the time of the alleged occurrence she was living with her father Sheo Bhajan in village Naraini. Sheo Bhajan's sister, Smt. Rama, was also living with her unmarried daughter Kumari Mainyya at the house of Sheo Bhajan on the date of the alleged occurrence. She had come some time before to join the marriage of Smt. Girja. Sheo Bhukhan, Ram Manohar and (sic) accused are the maternal nephews of Ram Bharosey and live in village Dewari, District Banda. Ram Bharosey is unmarried and there is no female in his house. Sheo Bhukhan, Ram Manohar and Manna often used to visit him and Smt. Girja sometimes used to go to the house of Ram Bharosey to cook food or do some other household work. It is said that on 28-7-1951 at about 10 p.m. the accused Ram Bharosey went to the house of Sheo Bhajan and asked him to send Smt. Girja and Kumari Mainyya to his house to cook food for the accused Sheo Bhukhan, Ram Manohar and Manna who had just arrived there. Sheo Bhajan accorded to this request and sent Smt. Girja and Kumari Mainyya to the house of Ram Bharosey. When these two girls did not return for some time Sheo Bhajan became anxious and went to the house of Ram Bharosey in search of them. He found the house kicked. While he was making a search for (sic) he was informed by his own brother Ram Shanker and Swayamber Singh that they had seen Ram Bharosey, Sheo Bhukhan, Ram Manohar and Manna taking Smt. Girja and Kumari Mainyya towards the south. He could not find them and the next day he made a report at the Police Station Kisnanpur about the occurrence. In this report he also mentioned about the costly clothes and ornaments which Smt. Girja and Smt. Mainyya were putting on their persons at the time they were sent to the house of Ram Bharosey to cook food for him and his guests. This report was made against Ram Bharosey, Manna, Sheo Bhukhan and Ram Manohar and was registered Under Section 366 IPC. Information of this report was sent to P.S. Khaga and P.S. Rajapur by the Station Officer of Kishanpur. The Rajapur police arrested Ram Manohar and Manna accused on 30-7-1951 at Dewari. The accused Sheo Bhukhan was found abconding. It is said that from the house of Ram Bharosey Smt. Girja and Kumari Munyya were taken to different places by the accused Ram Bharosey, Manna, Sheo Bhukhan and Ram Manohar forcibly on point of pistol and they were concealed by the accused Ram Adhar, Jagatpal, Rampal, Ram Sewak and the two Nankus between 28-7-1951 and 9-8-(sic). On 9-8-(sic) Smt. Girja accompanied by the accused Sheo Bhukhan presented an application (Ex. p. 25) before Sri Parduman Narain Singh, Special Magistrate at Rajapur, District Banda. The Magistrate sent them to the Station Officer, Police Station Rajapur, for necessary action, Srnt. Girja was taken in custody at Police Station Rajapur and was entrusted to P.W. (15) Badri Prasad after he had executed a supurdnama. On 18-8-1951 Shri Brij Ballabh Singh, Station Officer Kishanpur, went to Rajapur and on the morning of 19-8-1951 he raided the house of Sheo Bhukhan accused and recovered Smt. Gaja along with some clothes alleged to belong to Kumari Mainyya from his hcuse. Smt. Girja was sent for medical examination to the Civil Surgeon, Fatehpur. After her medical examination she was entrusted to her father Sheo Bhajan on 21-8-1951. After further investigation the accused were sent up for trial.
(3.) The accused Ram Bharosey admitted in his statement that he was a cousin of Sheo Bhajan complainant and was living close to his house, He further admitted that the accused Sheo Bhukhan, Manna and Ram Manohar were his maternal nephews and were unmarried. He, however, denied mat on 28-7-1951 he had gone to the house ot Sheo Bhajan and had requested him to send his daughter Smt. Girija and his sister's daughter Kumari Mainyya to his house for the purpose of cooking food for him and his guests or that these two girls ever came to his house.;