- (1.) The State of Rajasthan has preferred this appeal against the judgment and order dated January 28, 1989 passed by the Additional District and Sessions Judge No. 2, Alwar (Rajasthan) in Sessions Case No. 26/83 by which he acquitted the accused-respondent Gyani Ram of the charges under Sections 363, 366, 376 and 379, IPC and accused-respondents Mohar Singh, Ramanand, Om Prakash and Dharmanand of the charges for the offences under Sections 363 and 366, IPC. The necessary facts giving rise to this appeal in short are as follows: That on October 25, 1982 a written report (Ex. P/1) was submitted by Johari (PW-3) at police Station Behror which is registered as FIR (Ex. P/2) in which he stated that his niece Sulochana aged 13-14 years was missing from home. Probably, she was kidnapped in the interve- ning night dated 22nd/23rd October, 1982 by Gyani Ram (accused- respondent No. 2) who was living at the flour mill of the Om Prakash (accused-respondent No. 4) with whom she was seen talking a previous day. It was further stated in the FIR (Ex. P. 2) that she was wearing one gold gulsary costing Rs. 2,500/- had been taken away. She was searched up to 25th October but she could not be traced anywhere. On this report, an FIR No. 156/82 (Ex. P. 2) under Section 363/380, IPC was registered. The police started search of the girl (Sulochana) and accused and traced the prosecutrix Sulachena with Gyani Ram accused at Moga Mandi (Punjab) on 31st October, 1982 and from where they were arrested and were taken to Police Station Behror. The police recorded the statement of accused-respondent and recovered clothes, photographs and Rs. 8500/- etc. from the house where they were living at Moga Mandi (Punjab). Similarly, the gold ring and pajeb were also recovered on the information furnished by the accused-respondent No. 2 (Gyani Ram) under Section 27 of the Evidence Act.
(2.) During the investigation, the girl was examined by the police under Section 161, Cr PC and was also produced before the Magistrate on November 3, 1982 where she was examined under Section 164, Cr PC. She stated that she was seduced on the pretext of mela and threatened to go with accused Gyani Ram and she was forced to sign some documents and to give some statements. She was raped at Narnaul by Gyani Ram and Dharamchand (accused-respondent No. 5). From Narnaul she was taken to Moga Mandi under threats and fear of life by the accused-respondents.
(3.) After usual investigation the police submitted a challan against the accused Gyani Ram (accused-respondent No. 2), Ramanand (accused- respondent No. 3) and Mohar Singh (accused-respondent No. (1) under Sections 363, 366, 368 and 376, IPC. Mohar Singh (accused-respondent No. 1) was found absconding at that time.;