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1997 Supreme(Raj) 1416

M.A.A.KHAN
Chuttan – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Appellant:Mr. Z.A. Naqvi, Advocate.
For the Respondent: Mr. Shardu Pathak, P.P.

JUDGMENT

1. - This is an appeal under Section 374, Criminal Procedure Code from the judgment and order dated 1.12.1983 whereby the learned Addl. Sessions Judge, Dausa, in Sessions Case No. 16/ convicted Chuttan-appellant of the offence u /Section 366 Indian Penal Code and sentenced him to undergo R.I. for four years and pay a fine of Rs. 500/-.

2. The relevant facts are these :

PW 1 Km. Venoo @ Shanti, allegedly a minor girl aged 14 or 15 years, was living with her father PW 2 Raghunath Singh and other members of the family at his house in Jaipur. The name of one of two brothers is Rajoo. Close to her house a young boy, also named Rajoo, used to five and visit her father's house off and on. Chuttan-appellant is stated to be the friend of the said Rajoo. It is in this background that it was alleged that on 30.8.1982 at about 2.00 or 3.00 p.m. the appellant met Km. Veenoo near the park in front of her house and told her that her brother Rajoo had called her to Ramganj Chopar to take money, that thereupon she went to Ramganj Chopar but did not find her brother there, that the appellant then forced her to sit in an auto-rickshaw and took her to the Bus stand. That they both travelled tog













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