Wed. Apr 21st, 2021

Bablu vs State on 7 June, 2017

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The facts as noted in the impugned judgment are as under:-

Crl.A.No.402/2015 Page 1 of 5
“…Complainant Krishna made the statement which is to
the effect that, he lives at the given address and is a
rickshaw pullar. On 24/05/2009, her
daughter/prosecutrix aged three years at about 8:30 p.m.
was playing outside the house and he was also standing
outside the house and at that time his neighbour Bablu
who lives opposite to his house came to her daughter/
prosecutrix and started playing with her (khilane lag
gaya) and then he (complainant) told him (Bablu) that it
is too dark (kaafi raat ho gayi), let her daughter be given
to him and he (Bablu) also go to sleep on which he
(Bablu) asked him (complainant) to go and he (Bablu)
will leave the prosecutrix at his (complainant’s) house.
He (complainant) left prosecutrix in the company of him
(Bablu) and waited for long but Bablu did not come to
the house. Then, he (complainant) went out and saw that
Bablu and her daughter/prosecutrix were not there. They
were searched but could not be found. He (complainant)
searched them here & there (aas pass), but they could
not be found. Then, he (complainant) on 24/05/2009,
phoned on no.100 and the police came there. Police also
made search but her daughter could not be found and he
(complainant) said that at present he does not want any
legal action and tries to trace her by his own means
(apne taur par talash kar leta hu). On 25/05/2009, when
he (complainant) saw Bablu at about 7:00 a.m. in the
morning, going to his room asked him where his
daughter is but he (Bablu) could not give any satisfactory
reply. When he (complainant) collected nearby persons
(aas paas ke logon ko ikattha kiya) and asked Bablu by
pressurizing him (dabav dall kar pucha). Then, Bablu
told that he has kept concealed prosecutrix in Ramleela
Maidan, Village Badli. On which, complainant taking
his wife, neighbours Vijay, Dinesh, Pradeep, with Bablu
reached at Ramleela Maidan, Village Badli and where he
(complainant) saw that his daughter/prosecutrix was
lying inside dry grass (ghaas phoos) and he

Crl.A.No.402/2015 Page 2 of 5
(complainant) recovered her and she was in naked
condition and was in semi-consciousness (nagna avastha
mei thi va ardh chetna me thi) and the blood was present
all over her body and also on her vagina and had dried.
Her T-shirt of red colour and underwear (kachhi) of
kathai color which she was wearing were also not found
present. Thereafter, the complainant gave the
information on no.100 and the police came there and
took the prosecutrix in possession.”

Source: Indian Kanoon

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