Mahesh Bhagwati, J. - (1.) Challenge in this appeal is to the judgment dated 26.2.1990, whereby the Sessions Judge, Sawaimadhopur, has acquitted the accused respondents namely Bajranga, Jainya, Sonya, Banshi, Bajya; Nathu, Latoor and Badri S/o Bajranga in the offences under Sections 147, 366 of I.P.C. and accused respondents namely Kana, Badri S/o Korilal, Prahlad, Judgraj, Ramnarayan, Bhairu and Badri S/o Phelu in the offences under Sections 147, 366 and 376 of I.P.C.
(2.) The prosecution story is briefly stated as under: That on 27.4.1988 the complainant PW-4 Prahlad had taken she-goats as usual for grazing in jungle. On return in the evening at home, he came to know that at about 4.30 P.M. Bajranga, Badri S/o Bajranga, Latoor, Bhairu, Nathu, Bajya, Banshi, Sonya, Ram Narayan, Prahlad, Badri S/o Phelu resident of Halonda came and dragged his daughter Santra aged 22 years and threw her inside the jeep. Shri Rampal and Mohana tried to save her but the accused Prahlad threatened them by gun and accused Badri attempted to assault by 'gandasi' upon them, as such they could not rescue Mst. Santra and the accused succeeded in abducting her. The complainant Prahlad submitted a written report Ex.P-3 in Police Station Khandar whereupon F.I.R. Ex.P-4 was registered and investigation commenced.
(3.) The Investigating Officer recorded the statements of the witnesses acquainted with the facts and circumstances of the case, prepared site plan Ex.P,5 recovered Mst. Santra, got her statements recorded under Section 164 of Cr.P.0 and after usual investigation filed the charge-sheet in the offences under Sections 147, 366 and 376 of I.P.C. against them in the Court. The accused persons were read over the charge of the aforesaid offences who pleaded not guilty and claimed trial. The prosecution has examined as many as 10 witnesses to prove its case. The accused have claimed innocence in their explanation under Section 313 of Cr.P.C. On completion of trial, the accused respondents have not been found guilty and thus acquitted as indicated hereinabove.;