M.A.A. Khan, J. - (1.) This is an appeal under section 374(2) of the Code of Criminal Procedure 1973 (Cr.P.C.) against the judgment and order whereby the learned Sessions judge, Tonk convicted and sentenced the appellants in the following manner: JUDGEMENT_57_LAWS(RAJ)12_19971.html
(2.) Under Police Station Diggi, Distt. Tank, at a distance of about three kilometres, there situates village Bhipur. Outside the village Abadi the appellants, NUTs by caste, have their 'Deras'. On 22.4.1982 at about 5.00 p.m. PW 9 Nawal Kishore, Head Constable at Police Station Diggi received a secret information that the appellants, Ram Swaroop and Vijay Shankar, had procured two minor girls aged about 11, 12 years, PW 5 Roopa and PW 6 Kiran, and the appellants had wrongfully confined them and had been forcing them to illicit intercourse with other persons for the last two months. The Head Constable reduced this information in the General Diary at S.No. 567 and left for Bhipur at 5.30 PM alongwith PW 3 Vimal Chand and three other constables (Ex. P/12). From village Bhipur he took with him PW 2 Baloo and one Ram Lal and reached the 'Derads' of the appellants. At the west-faced double storeyed Pucca house of Ram Swaroop appellant PW 6 Kiran alias Manjoo was found. The male appellants were not there at that time but the lady appellants were there. Nawal Kishore Head Constable recovered Km. Kiran and interrogated her. On interrogation Km. Kiran unfolded the story like this: She was about 13 years aged daughter of PW 7 Chandra Shekhar RIO Siwan (Bihar). Chandra Shekhar was an employee of some Seth at Siwan. About one year back the grand father of the girl had beaten her whereupon she left the house and reached Gorakhpur (U.P.), where her elder sister, Karuna, was living, by rail. When she was going to the house of her sister a man met her and asked her as to where she wanted to go. On Kiran's telling him that she wanted to go to the house of her sister, the said man assured her that he would take her to the house of her sister. Kiran accompanied him but he took her to the house of Sint. Kanta appellant at Lalsot. The man who had brought Kiran to Kanta's house went away on the following day. Kiran lived with Smt. Kanta appellant for about 20 day. Then Smt. Kanta appellant took Kiran to the house of Smt. Bina appellant at Jodhpur. Bina changed her name to Manjoo. She lived with Bina for about 20 days. Then Smt. Kanta took her to Kotkhawda at the house of Puriya appellant. She remained there for about ten days. Pooriya then sold her to Ramswaroop for certain amount. Ram Swaroop appellant brought her to Bhipur. She was kept there for about 15 days. The appellants illegally used to keep a vigil on her there. Then Ram Swaroop, Ram Baboo, Munni, Bina appellants took her to village Negariya and brought her back, after some days, to Bhipur. At Bhipur she was forced to illicit intercourse with other persons. She further stated that the appellant had confined another minor girl, PW 5 Roopa and that she had been sent to Jodhpur with Abha Natni only two days before.
(3.) PW 9 Nawal Kishore reduced the statement of Km. Kiran to writing (Ex. P/13), returned to the Police Station alongwith the recovered girl (Ex. P/14) and registered FIR No. 49/82 on the basis of the statement of Kiran. The investigation of the case was taken over by PW 10 Radhey Shyam Pareekh, Station House Officer on his return to the Police Station. Kiran was got examined by PW 1 Dr. S.S. Sarkar, Medical Jurist at Sa 'adat Hospital' Tonk on 23.4.1982 for determination of her age and subjection to illicit intercourse. Dr. Sarkar opined that she was between 14 and 16 and that she had been subjected to intercourse. She was then sent to Nari Niketan.;