Sandeep Mehta, J. - (1.) By way of this revision, the accused petitioners have approached this court for challenging the order dated 29.04.2016 passed by learned Additional Sessions Judge, Bali, District Pali in Sessions Case No.9/2013, whereby charges were framed against the petitioner No.1 Chunni Lal @ Chunna Lal for the offences under Sections 363 and 366 IPC and against the petitioner No.2 Roopa Ram for the offences under Sections 366, 376 and 344 IPC.
(2.) Facts in brief are that one Sakaram filed a missing persons report on 14.02.2010 at the Police Station Falna alleging inter alia that his wife Smt. 'S' was missing from 13.02.2010 and should be traced out. Khim Singh, father of the lady, lodged a complaint with the Superintendent of Police, Pali on 19.02.2010 alleging inter alia that his minor daughter Mst. 'S' (date of birth 30.06.1993) had gone missing on 13.02.2010. It was further alleged that he came to know on 18.02.2010 that his daughter had left Dantiwada for going to Bali and on the way, Chunni Lal S/o Pannaji, who used to work at the complainant's agricultural field, forcibly took her away on a motorcycle and had secretly confined her. He further alleged that Chunni Lal and Suki used to threaten him that they would forcibly marry his daughter with Roopa Ram and expressed an apprehension that Chunni Lal might have kidnapped his minor daughter for marrying her off with his brother in law Roopa Ram S/o Kesaji.
(3.) On the basis of this complaint, an FIR No.16/2010 was registered at the Police Station Bali for the offence under Section 363 IPC and investigation was commenced. The police initiated search for the missing girl, who suo moto appeared at the Police Station Bali on 08.05.2010 and stated that her husband Saka Ram had assaulted her on 12.02.2010, and thus, she left the matrimonial home, boarded a private bus from Dantiwada without informing anybody and went to Falna. From Falna, she caught a train going to Mumbai on the very same day. On 14.02.2010, she got down at Mumbai and called her school friend Sushila W/o Natwar Lal and stayed at her house. She continued to stay at Mumbai for two months at Sushila's house and did not inform anybody because she apprehended that her father would force her to return to her husband's house. She categorically stated that she had not been kidnapped and had gone to Mumbai of her own free will. She also stated that Chunni Lal and his wife were not responsible for her disappearance. Her friend Sushila advised her to approach the police, on which she came to Falna with Sushila and went to the police station to give her voluntary statement.;