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Showing contexts for: s.366 ipc in State vs Kailash & Ors//Fir No.13/07 on 28 January, 2013Matching Fragments
On 02.01.2007 in the evening 'P' alongwith some known person came to the police chowki alongwith some known persons and SI Krishan Kumar recorded her statement u/s. 161 Cr.P.C and also produced her before ld. MM and who got her statement STATE VS KAILASH & ORS//FIR NO.13/07 PSSULTANPURI//U/S. 363/366/369/506/120B/34 IPC.
recorded u/s. 164 Cr.PC. In her statement u/s. 164 Cr.P.C. 'P' stated that, on 01.01.2007 at about 34pm, accused Geeta came to her house and asked her to accompany her to Som Bazaar for purchasing some articles. She alongwith her cousin Ranjan accompanied her to Som Bazaar and when after purchasing vegetables, she was returning, accused Geeta brought her there through some unknown way. In the meanwhile Geeta made a telephone call to someone from a local STD booth and after some time, she had seen Lalla and Kailash coming from the opposite side and Lalla caught hold her hand and put one pistol on her stomach and accused taken out one knife and both asked her not to raise alarm and threatened her that, if she will raise alarm, they will kill her parents. Thereafter, Geeta went from there saying that, 'she has finished her work', when her cousin sister Ranjana started weeping. She asked her sister to go to the house and bring her parents. After sometime, accused Kailash also left away. Lalla took her to some unknown place where he was kept for night and at about 4am on next day, Lalla brought one three wheeler and took her to his uncle's house. She did not raise alarm there due to fear. At his uncle's house Murli, Dwarka, Bhagwan Dass, Pushpa and her husband also STATE VS KAILASH & ORS//FIR NO.13/07 PSSULTANPURI//U/S. 363/366/369/506/120B/34 IPC.
commit sexual intercourse or seduce her to commit sexual intercourse with her. Therefore, I held that prosecution has failed to prove that accused Ajay @ Lalla had kidnapped to compel her to marry with him, hence, I acquit him from charge u/s. 366 IPC.
28. As far as accused Kailash is concerned, prosecutrix/ PW3 in her testimony had stated that accused Kailash had also come with accused Ajay @ Lalla, when she was kidnapped but PW9 Smt. Ranjan who was with PW3 had not stated in her testimony stated that accused Kailash was also with the accused Ajay @ Lalla, when P was kidnapped. She was not cross examined by prosecution and no suggestion was given to her that accused Kailash was also with accused Ajay @ Lalla, when prosecutrix was kidnapped by accused Ajay @ Lalla. Further PW5 Laxman Prasad also in his statement Ex.PW5/A had not stated that Ranjan and Geeta told him that accused Kailash was with accused Ajay @ Lalla when P was taken away by accused Ajay @ Lalla. He had only stated that, he suspected hand of accused Kailash in the kidnapping of his daughter. DW3 Rajeshwar Prasad had proved that accused Ajay @ Lalla and Kailash were friend. Hence, it cannot be ruled out due to their friendship and PW5 both prosecution witnesses have deposed STATE VS KAILASH & ORS//FIR NO.13/07 PSSULTANPURI//U/S. 363/366/369/506/120B/34 IPC.
in kidnapping of P. Hence, I acquit accused Geeta for offence punishable u/s. 363/366/368 IPC and 120B IPC for entering into criminal conspiracy for committing aforesaid offence.
30. Accused persons have also been charged for offence u/s. 506 IPC. The P has stated in her testimony that, accused had threatened to kill her parents if she did not accompany with them. But PW9 Smt. Ranjan had not corroborated the said fact. Further PW9 in her testimony had not stated that accused Kailash put knife upon her or accused Ajay @ Lalla put pistol in her stomach or that they had threatened her, but accompany with them, otherwise, her parents will be killed. Even, she had not stated in her testimony about the presence of accused Kailash at the time of kidnapping of P. Prosecution has failed to recover any weapon by showing them accused had allegedly threatened P. Hence, I held that prosecution has failed to prove beyond reasonable doubt that, P was criminally intimidated by accused Ajay @ Lalla, therefore, I acquit him for charge u/s. 506 IPC.
31. In view of the aforesaid facts and circumstances, I convict accused Ajay @ Lalla for offence u/s. 363/368 IPC and acquit him for offence punishable u/s.366/506 IPC and also for STATE VS KAILASH & ORS//FIR NO.13/07 PSSULTANPURI//U/S. 363/366/369/506/120B/34 IPC.
offence u/s. 120B IPC. Further, I held that, prosecution has failed to prove any offence against accused persons Kailash and Geeta and hence, I acquit Kailash and Geeta from all the charges. Now to come up for order on sentence.