Chatra Ram Jat, J. - (1.) This appeal is directed against the judgment and order dated 27.8.2002 passed by the Additional Sessions Judge No. 1, Sri Ganganagar, whereby he convicted and sentenced the accused appellant as under;- JUDGEMENT_126_LAWS(RAJ)4_2007_1.html All the sentences were ordered to be run concurrently.
(2.) The prosecution story is woven like this:- On 4.5.2001 a complaint was lodged by Kirshan Lal S/o Kashi Ram by caste Kumbhar resident of Sadhuwali stated that on 4.5.2001 one person aged 25 years age having thin body, and blackish in colour came to him who was taking name of Harchand and said that he be given employment of labour for work of plantation. In the evening his neighbour Ved Prakash came and asked for labour and he said that he had not seen this person earlier but he had put trust in him and gave him food and thereafter he went to house of Ved Prakash and slept there and instructed him to ready for tomorrow for work. After awaking in the morning, he went to selling vegetables in market and where on 5.5.2001 he was on selling vegetables there at about 11 A.M. one Madan Lal came said that the person who came and residing in his house, has taken away his daughter Tarawanti on cycle by persuading from his brother Jawahar Lal's house and on searching both of them are not available. When he went to Miyawali in search and asked then it revealed that he was not residing there and he has not taken his daughter Tarawanti in that village. He said that he and his wife can easily identified on seeing him. Name of daughter is Tarawanti and her height is about 4 ft and she was wearing green colour salwar and slippers were in her legs. She was studying in 8th class. She was taken away against his will and there may be any un-happenings so he is reporting and prays for police action. On the basis of above facts and circumstances, F.I.R. No. 244/2001 P.S. Jahawar Nagar, Sriganganagar, under Sections 363, 366, 366-k, I.P.C. was registered and investigation started. After investigation, charge sheet was filed before Judicial Magistrate No. 2, Sri Ganganagar, who committed the case to the Court of Sessions. Thereafter, the Additional Sessions Judge No. 1 Sri Gangangar who framed charges for the offence under Sections 363, 366 and 376 I.P.C. and he denied charges and claimed for trial. Prosecution has produced 14 witnesses viz. PW-1 Tarawanti PW-2 Krishan Lal, PW3 Madan Lal, PW-4 Krishan Lal S/o Sohan Lal, PW5 Ved Prakash, PW6 Amar Singh, PW7 Padam Singh, PW 8 Bhanwai Shankar, PW 9 Sohan Lal, PW10 Sher Singh, PW11 Parmeshwari Devi, PW12 Purshottam Dass PW13 Rajo Devi and PW14 Dr.Indrapal Singh Punia and their statements have been record and Ex PI to Ex P23 documents were produced by prosecution and in defence Ex D1 to Ex D4 produced by accused appellant in his defence. Thereafter statement under Section 313 Cr.P.C. was recorded in which accused appellant said that due to vengeance and money dispute, and by giving beating, he has been falsely implicated in this case.
(3.) Heard the learned counsel for the appellant and the learned Public Prosecutor and perused the record of the case .;