KANTA BHATNAGAR, J. - (1.) THIS appeal has been preferred against the judgment passed by the learned Additional Sessions Judge dated 6.8.76, by which he has convicted the appellant Ashok Kumar for the offences Under Section 363 and 346 I.P.C and sentenced him to one year rigorous imprisonment and a fine of Rs. 1000/ -, in default to further undergo rigorous imprisonment for three months on the first count and six months rigorous imprisonment for the second count.
(2.) BRIEFLY , stated the facts of the case giving rise to this appeal are that on 1.3.75 Mst. Sukhi (PW 6) had gone to ease herself in the Bada at a distance of about 15 pandas from her house and was enticed away by the appellant Ashok Kumar. Babulal (PW 5), father of the girl had gone to village Khara in connection with his business. Mother of the girl is said to have gone to the temple at 5 A.M. for worship. Babulal's son went to village Khara and informed Babulal about Mst. Sukhi missing from house since morning. Babulal came to the village Bhinmal and on inquiry his wife informed him about the girl going to ease herself and not returning. He went to the Police Station Bhinmal and lodged the report Ex.P. 5 on the same day. Mst. Sukhi was not traceable throughout the night. On the next day at about 9 A.M. Mst. Sukhi returned to her house weeping and narrated to her father that she was forcibly taken away by Ashok Kumar at the point of dagger and was kept confined in his room throughout the day and night and that she on availing the opportunity had managed to return to the house. Babulal again went to the police station and lodged another report Ex.P. 10. The police went to the site and took search of the room belonging to the appellant Ashok Kumar and certain articles were taken in possession. Ashok Kumar was arrested on 2.3.75 After completion of investigation, charge -sheet against the appellant was filed in the court of Munsif& Judicial Magistrate, Bhinmal, for the offences Under Sections 366, 392 and 346 I.P.C. The learned Magistrate finding a prima facie case against the accused, exclusively triable by the Court of Sessions, committed him to the court of Additional Sessions Judge, Jalore to stand his trial for the aforesaid offences. The learned Additional Sessions Judge charge -sheeted the appellant for these offences and recorded his plea. He denied the indictment and claimed to be tried. The prosecution examined nine witnesses in all. The appellant in his statement Under Section 323 Cr.P.C. totally denied the allegations leveled' against him and stated that Mst. Sukhi was ia love with him and had write at love letters which he had produced in the court. He further stated that Mst. Sukhi was insisting upon him to take her with him and wanted to marry him which was not approved by her parents and, therefore, he had been falsely implicated in the case.
(3.) THE learned Additional Sessions Judge came to the conclusion that prosecution had succeeded in proving the age of the girl to be below 18 years and, therefore, he held the appellant guilty for the offences under -Sections 363 and.346 I.P.C. and passed the judgment of conviction under appeal.;