BHUSHAN LAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this case, the appellant Bhushan Lal has been convicted by the madhya Pradesh High court under S. 366 of the -Indian Penal Code, 1860 for having kidnapped K-m. Rajkumari, Public Witness 5 from the lawful guardianship of her father Mool Chand and sentenced to undergo rigorous imprisonment for nine months.-We find no justification to interfere with the finding and sentence awarded by the High court. From the testimony of Public Witness 5 Km. Rajkumari it is amply clear that the prosecutrix was spirited away from her patents' house at night and kept confined in a room in the neighbourhood. Her version is that she was subjected to a forcible sexual intercourse by the appellant but the High court keeping in view the statement of Dr (Mrs) chopra, Public Witness 2 in her cross-examination based on the ossification that the girl was below 17 years of age felt that it was difficult to hold that she was definitely below 16 years of age, acquitted the appellant of the charge under S. 376 of the Indian Penal Code as it felt that the circumstances tend to show that the girl had eloped with the appellant. This however does not exonerate the appellant from the charge of kidnapping. The fact remains that the prosecutrix was taken from the lawful guardianship of her father Mool Chand. She was a minor being below the age of 17 years as found by the High court on the medical evidence. The High court has rightly held that the ingredients of an offence under S. 366 have been made out by the prosecution beyond all reasonable doubt. No interference with the sentence is called for. As regards the sentence, the High court has showed undue leniency by directing a reduction from rigorous imprisonment for three years to rigorous imprisonment for nine months and no further reduction is warranted.

(2.) We accordingly dismiss the appeal. The bail bond of the appellant shall stand cancelled. He shall be taken into custody forthwith to serve out the remaining sentence.