- (1.) This criminal appeal by appellant-Kishan Lal sent through Superintendent, Central Jail, Kota arises out of the judgment dated 19-6-2000 passed by the Additional Sessions Judge, Aklera, district Jhalwar, by which, the learned trial Judge has convicted the appellant under Ss. 376, 363 and 366, IPC and sentenced him to undergo rigorous imprisonment for 7 years with a fine of Rs. 500/- on the first Count, to undergo rigorous imprisonment for two years with a fine of Rs. 500/- on the second count and to undergo rigorous Imprisonment for 3 years with a fine of Rs. 500 on the third count. In default of payment of fine the appellant was to undergo simple Imprisonment for one month on each count.
(2.) Succinctly stated the facts of the case are that on 5-1-1999, complainant-Sardar Bai (P.W. 4) w/o Prabhu Lal Gujar submitted a written report, Ex. P3 at Police Station, Ghatoli, alleging therein that on 4-1-1999 her daughter Kabbu Bai aged about 14 years was at home. In the evening, accused-Kishan Lal enticed her and took her away with him and has not returned as yet. She alleged that accused took her daughter at about 4.00 p.m. to the camp (Dera) near Chandpuria and from there, he absconded with her daughter. On this report, police registered a case for offence under Ss. 363 and 366, I.P.C. vide FIR, E.P10 and proceed with the investigation.
(3.) The girl was recovered on 5-1 -1999 at 5.50 p.m. Her petticot and underwear of accused-appellant were seized, vide Exts. 5 and 7 respectively. She was subjected to medical examination. The accused was arrested and he was also subjected to medical examination. After usual investigation the police submitted a charge-sheet against the appellant.;