FAIYASAHMED Vs. STATE OF BIHAR

JUDGEMENT

(1.) - The only point which was urged in support of this appeal was that since there is no evidence on record. to show that the woman Maya Devi was abducted to compel her either to marry against her wish or to submit to sexual intercourse against her wish, the conviction of the accused under S. 366 of the Penal Code was not warranted by law.

(2.) We, however, find that there is sufficient evidence on record to show that Maya Devi was abducted from her house when accused Nos. 1 and 2 had taken her against her wish and under threat up to Patna Railway Station and accused Nos. 3 and 4 had thereafter carried her similarly under threat from Patna Railway Station to village Ajaipur in Bihar Sharif. She was also confined in a house at Ajaipur village till she was recovered by the police after some hours. That will squarely bring the accused within the clutches of Sections 365 and 368 of LP.C. The offences under these two sections are to offence under lesser offences compared Section 366 and, therefore, on the evidence before the court, they are liable to be convicted for the said offences.

(3.) The trial Court had sentenced the accused Nos. 1 to 3 to four years rigorous imprisonment and accused No. 4 to four years simple imprisonment for the offence under Section 366 read with Section 34. The High Court had reduced the sentences of all the accused to two years rigorous imprisonment and simple imprisonment respectively for accused Nos. 1 to 3 and 4.