GUMAN MAL LODHA, J. - (1.) A typical case of abuse of process of the court has come to limelight during the arguments of this appeal which has been filed by two accused -appellants against their conviction and sentence under Section 363, IPC, of two years rigorous imprisonment with a fine of Rs. 500/ - in default, 6 months' R.I.
(2.) IT is surprising and shocking how the accused -appellants have been convicted? The story which is unfolded, it self is interesting and revealing. It all centre -rounds the alleged kidnapping of Mst. Budho which again is having its pivot in the kidnapping of boy, Ram Gilas. It would be untraditional but, I would like to mention the facts first, which I have found out on a through screening of the record after hearing the learned Counsel for the parties. Ram Gilas aged 13 years was grazing the cattle when four persons out of whom three had guns, had caught hold of him and kidnapped him.
(3.) A report was lodged by Ram Chandra S/O Phoolya of this incident who is brother of Ram Gilas at the police station Kailadevi on 31 -7 -1973 at 12,30 p.m. This is proved by Ex. D. 3. There after Ex. D. 4 to 11 and 12 reveal that the effort was made to locate the miscreants and get the boy released but they could not succeed. Ultimately on 1 -9 -73 according to the Ex. D. 13, the boy was got released after an encounter with the police. In between, it appears that on 28 -8 -73 according to Ex. D 16, one approver met. the police authorities and told them that the accused/miscreants who arc holding the boy Ram Gilas are prepared to release the boy in case Mst. Sua Bai who is with Gappe Meena is given to them. On this, the police authorities told and thought that a plan may be made to show the girl to the accused/(miscreants) and then after showing the girl when the miscreants come out to take her, to arrest the miscreants in effort to get the boy released also. The police then went and tried but they could not get Sua Bai who also concealed herself on knowing the plan of the dacoits to take her. Sua Bai herself concealed because when she came to know that the police also wants her to show her to the dacoits and miscreants for getting the boy released, as she was not prepared to take risk.;