Shiv Kumar Sharma, J. - (1.) Challenge in this appeal is to the judgment dated September 4, 2003 of learned Judge Women Atrocities Dowry Cases Jaipur City Jaipur whereby the appellant was convicted and sentenced as under U/s. 376 (1) IPC : To suffer rigorous imprisonment for seven years and fine of Rs. 500/-, in default to further suffer rigorous imprisonment for one month. U/s. 366 IPC : To suffer rigorous imprisonment for two years and fine of Rs. 250/-, in default to further suffer rigorous imprisonment for twenty days. U/s. 363 IPC : To suffer rigorous imprisonment for one year and fine of Rs. 100/-, in default to further suffer rigorous imprisonment for ten days. The substantive sentences were ordered to run concurrently.
(2.) It is the prosecution case that informant Sita Ram Saini submitted a is written report (Ex. P-1) on August 4, 2002 at Police Station Mahesh Nagar Jaipur with the averments that his daughter Usha (fictitious name) aged 12 years was missing since August 3, 2002 at 3 PM. Thereafter on August 13, 2002 Sita Ram Saini gave written information to the effect that his daughter was kidnapped by Banti @ Sultan. On that report a case was registered and investigation commenced. Statements of witnesses under section 161 CrPC were recorded and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Judge Women Atrocities Dowry Cases Jaipur City Jaipur. Charges under sections 363, 366 and 376 IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 18 witnesses. In the explanation under Section 313 CrPC, the appellant claimed innocence. Three witnesses in defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.
(3.) I have heard learned counsel for the parties and weighed the material on record.;