M.B. Sharma, J. - (1.) The above named accused-appellants and one more Bhonria S/o Birdha preferred an appeal to this Court against their conviction under the various offences as given below. After filing of the appeal Bhonria S/o Birdha died and vide order sheet dated 8.4.74.. it was ordered that his name should be struck off from the array of the appellants. JUDGEMENT_38_LAWS(RAJ)12_19781.html
(2.) The facts of the case on which the accused persons have been convicted and sentenced, as aforesaid, are as follows : Prashada son of Asharam Meena is the husband of Smt. Kailashi (PW3). They were both residing in village Bharoti P. S. Malarna Dunger. It is alleged that on January 4th or 5th of 1972 in the evening the accused persons Prashada, Bhonria, Rampal and another Bhonria (since dead) came to village Bharoti and in the absence of Prashada (PW 8) they took away Smt. Kailashi by force. At that time, Kailashi was wearing silver ornaments. A report (Ex. P. 4) of the incident was lodged on 7-1-78 before the Superintendent of Police, Sawai Madhopur, who endorsed it to S. H. O., P. S. Malerna Danger for compliance and report. The same was received in P. S. Malerna on 10-1-72 where a case No. 2 under Sections 366 and 379 IPC was registered and the investigation started. On January 25, 1972 Kailashi (PW 3) was recovered from Muslim Musafirkhana, Jaipur, where she was staying alongwith accused Gyana. She was medically examined by Dr. Narendra Singh Chohan (PW 11) and x-ray for occification of bones was also taken and the opinion of the doctors is that she was aged in between 14 to 16 years on the date of examination.
(3.) Accused Gyana is alleged to have given information (Ex. P. 6) under Section 27 of the Evidence Act on 26-1-72 to Shri Gopal Singh for getting recovered one bangle of silver and consequent to the information vide Ex. P. 7 he got recovered one bangle of silver, which is said to be of Smt. Kailashi (PW 3). A charge-sheet was filed against the accused and they were committed to the Court of Sessions where after triai the accused persons have been convicted and sentenced as aforesaid.;