RAM DAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment of the Madhya pradesh High court in Criminal Appeal No. 815 of 1967) whereby the High court altered the conviction of Ram Das, under Section 366 to Section 363, indian penal code and reduced the sentence of rigorous imprisonment from four years to two years. Subject to this modification the High court dismissed the appeal.

(2.) The prosecution story, as accepted by the High court) is that Mullu singh, P. W. 1, Kumari Padma, P. W. 17, daughter of Mullu Singh and his wife Haribai, P. W. 2, lived in a quarter at Khamaria. The girl was at the relevant time a regular student of the Higher Secondary School, Khamaria. Ram Das, appellant, who was also a student, lived in a nearby quarter across the street and knew Kumari Padma. On 25/11/1966, Ram Das and Kumari Padma went to the office of the Sub-Registrar, Jabalpur and got an agreement, stated to be a marriage agreement, Ex. P-ll, registered.

(3.) In her evidence Kumari Padma stated that she had got acquainted with Ram Das about six years ago and had developed friendship with him. She further stated that her parents harassed and perplexed her and would not let her eat and drink. She thought of committing suicide even. Regarding the execution of the agreement she stated thus :