MANOHAR LAL Vs. STATE

JUDGEMENT

(1.) The appellant was convicted under section 366 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for 4 years and to payment of fine of Rs. 500/. In default of payment of fine he was required to undergo further rigorous imprisonment for three months. It was also directed that the period of under-trial custody should be set off against the sentence so recorded.

(2.) Briefly standing the allegations against the appellant are that be kidnapped one Kumari Veena prosecutrix from the lawful custody of her father on 16th of December 1983 with a view to compel her to marry against her will and that Kumari Veena on the relevant date, according to the prosecution, was a minor below 18 years of age as her date of birth recorded in the school admission register was 6th of July 1967. Stating in detail, it is alleged that on 16th of December 1983 at 7 a.m the prosecutrix left for. her school and did not return from the school in the normal course and a report in this regard was lodged by her father on the same day at 11.30 p m. It is alleged that after kidnapping the appellant took the prosecutrixto various places like Pathankot. Chamba whereform she was ultimately recovered on 4th of March 1984.

(3.) The stand of the appellant under section 313, Cr. P.C. is that he did take Kumari Veena along with him and after keeping her at village Itti for 15 days took her to Pathankot and thereafter he kept her in the quarter of one Gauri Shankar at Chamba where be was working and that he was arrested on 4th of March 1984. He further goes on record to state that it was on a letter written by the prosecutrix to him that he took her along with him.