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1. The present case was instituted on the basis of a complaint filed u/s 200 CrPC. The Ld. Magistrate recorded the statement of complainant and her daughter and summoned the accused for the offence u/s 366/406/34 IPC. After appearance of the accused, the provision of Section 208 CrPC was complied with and matter was committed to Sessions Court as offence u/s 366 IPC is exclusively triable by Sessions Court.

2. CHARGE 2.1 On the basis of complaint and the examination of the complainant and his daughter, charge u/s 366/342/34 IPC was framed against accused Ram Babu to which he pleaded not guilty and claimed trial.

Accordingly, prosecution was directed to lead evidence in support of the complaint.

3. PROSECUTION EVIDENCE 3.1 In support of its case, prosecution has examined 2 witnesses as follows:-

I)           PW - 1 Sh. Shambhu Nath /Complainant


U/s 366/342/34 IPC                 State v. Ram Babu         Page no. 2 of 11
 II)          PW - 2 Ms. Soni/ daughter of the complainant


3.2          PW - 1 Sh. Shambhu Nath has deposed that on 27.05.2015, he

was present in Gurgaon. His son namely Vikas @ Sonu made a phone call to PW1 to Gurgaon and told him that, "Didi (Soni Kumari) Nahi Hai Ghar Par". Upon this PW1 asked him (his Son) that she might have gone around and he shall search for her. PW1's son Vikas @ Sonu searched PW1's daughter Soni Kumari but she could not be traced. PW1 also asked his son Vikas to search for her at the place where she was studying. PW1's son Vikas also went to the place where his daughter used to study but she was not found there also. Thereafter, PW1's son Vikas again made a call to him and told him that his daughter was not found there also. PW1 then asked his son to search the phone number of teacher of PW1's daughter Soni where she used to go for study. PW1's son Vikas traced out the number of said teacher from the notebook of Soni and made a call at about 05:27 PM to Jagannath ie. teacher of his daughter Soni and asked him the whereabouts of PW1's daughter Soni to which said Jagannath told that, "mere paas nahi hai".

PW1 has further deposed that on earlier occasion ie., on 23.04.2015, there was marriage of his eldest daughter namely Neha Kumari in the village and PW1 had already made train reservation for the same for 10.04.2015. On 10.04.2015 while they had to leave for their village for said marriage then his daughter Soni Kumari told PW1 that her Adhaar Card, Marksheets of 10th and 12th standard, voter ID card were asked by U/s 366/342/34 IPC State v. Ram Babu Page no. 3 of 11 Jagannath for getting her admission for Graduation. On this, his daughter Soni Kumari handed-over all the above-said documents to Jagannath for the said purpose. On 27.05.2015, after he came to know from his son Vikas that his daughter Soni Kumari was not traceable from anywhere, he left Gurgaon for his above-mentioned residence in Delhi. PW1 came by Metro and after reaching his house at Indira Kalyan Vihar, he alongwith his wife and his other children started searching for his daughter Soni Kumari in the nearby area by searching in the neighbourhood houses etc. but she was not traceable. PW1's Bhabhi namely Karuna Devi went to the house of the teacher of his daughter Soni Kumari namely Jagannath who was son of Ram Babu. Then accused Ram Babu told PW1's Bhabhi that Soni was not at his house. PW1 came back to his own house and he alongwith his other relatives and family members were getting ready for going to police station for making complaint regarding missing of his daughter. It was about 08:00/08:15 PM, when after writing a complaint, they were just about to leave their house for police station, then accused Ram Babu, Jagannath, Shanti sister of Jagannath alongwith 2-3 persons came to PW1's house. PW1 cannot identify other 2-3 persons who came alongwith accused Ram Babu at that time as he was perplexed. It was about 08:30 PM when they all came to PW1's house. At that time accused Ram Babu alongwith Jagannath, accused's daughter and other persons also brought PW1's daughter Soni Kumari with them.

PW1 further deposed that when his daughter namely Soni Kumari was brought by accused Ram Babu at his house she started crying.

U/s 366/342/34 IPC State v. Ram Babu Page no. 4 of 11 Then PW1 asked her as to why she was crying and what had happened to her. Then PW1 asked accused Ram Babu as to why PW1's daughter was crying. It was already 08:30 PM. PW1 asked that till upto this time where was his daughter. Then Ram Babu replied that his daughter Soni had gone to market for purchasing some medicine. PW1 then asked accused Ram Babu that he should have informed them as it was late evening time. Then PW1 again asked his daughter Soni and she told PW1 that, "Papaji Jagannath mere ko shadi karne ke liye bol raha tha, maine mana kia, main rone lagi". Thereafter, his daughter further told that thereafter Jagannath made call to his father namely Ram Babu ie. accused. PW1's daughter further told that on this accused Ram Babu gave money to Jagannath by saying that, "Isko (Soni Kumari) Bihar le jaao aur shadi kar lo" . Thereafter, his daughter further told that she started shouting and crying and Ram Babu extended threats to her that they would kill her father. PW1's daughter further told that thereafter accused Ram Babu took her to second floor of their house. Then PW1's daughter started shouting and crying and on this Ram Babu and Jagannath offered water to her and she drank the water and she was perplexed. She further told that when she gained her consciousness she found herself at Okhla Railway Station. On this she again started shouting and crying. When Jagannath tried to take her to Bihar forcibly from Okhla Railway Station then his daughter resisted by saying that, "main nahi jaungi, gaadi se kud jaungi main" . On this, Jagannath got frightened and brought back PW1's daughter to his house. Thereafter, they all brought his daughter Soni Kumari with them to PW1's house at about U/s 366/342/34 IPC State v. Ram Babu Page no. 5 of 11 08:30 PM.