Mahesh Bhagwati, J. - (1.) Challenge in this appeal is to the judgment dated 25.5.1987 whereby the learned Additional Sessions Judge No. 1, Alwar has convicted the accused-appellant Ami Khan @ Mohd. Ishtaque Khan in the offences under Sections 368 and 202 of I.P.C. and sentenced as under: Under Section 368 of I.P.C. Rigorous Imprisonment for three years and a fine of Rs. 500/-; in default of payment of fine to further undergo rigorous imprisonment for two months. Under Section 202 of I.P,C. Rigorous Imprisonment for one month. Both the sentences were ordered to run concurrently.
(2.) The prosecution case is woven like this : That on 19.9.1984 PW-1 Deegram S/o Sadhu Ram R/o Bahala Tehsil Ramgarh District Alwar submitted a written report Ex.P-1 before S.H.O. Police Station Matasya Industrial Area, Alwar stating that a contractor named Wazid Khan was living in his house for the last 2-3 months who had taken contract of removing the Chesis from Ley-land Factory Alwar. It is alleged that on the previous day i.e. on 18.9.1984, he came to his house and having eloped or enticed his sister Mst. Santosh aged 15 years kidnapped her. His sister was wearing golden tabiz on her neck, golden Kundal on her ears, Silver Kankati, Payjeb and wrist watch. He conducted a vigorous search but of no avail. The police lodged the F.I.R. Ex.P-2 on this complain, and commenced investigation.
(3.) The Investigating Officer recovered Mst. Santosh vide memo Ex.P-3 from House No. 73, Mohalla Kolutola, Balai Datt Street, Gali Mushafir Khana situated in Kolkota and brought her to Alwar where she was subjected to medical examination at General Hospital, Alwar for determination of her age as also rape. Her statement was recorded under Section 164 of Cr.P.C. by the Judicial Magistrate. Further the LO recorded the statements of witnesses acquainted with the facts and circumstances of the case and after usual investigation sent the accused persons namely Wazid Khan and Ami Khan for trial to the Court.;