DEEP CHAND ALIAS DIPU Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of learned Additional Sessions Judge, Delhi dated 14.2.1978 by which the accused appellant was convicted under Section 363 Indian Penal Code and sentenced to one year rigorous imprisonment. It may be pertinent to mention that the appeal was admitted on 15.2.1978 and at that time, Shri C.L. Prem, Adv, appeared for the appellant. This appeal has been on Board for quite some time and no one has appeared for the appellant. Therefore, the Court appointed Shri Naveen Thakur, Adv., as Amicus Curiae in this case.

(2.) Brief facts which are necessary to dispose of this appeal are recapitulated as under. On 31.7.1976 Santosh and Asha, both were around 17 years of age, started for school but never reached the school. On search it was found that one Deep Chand @ Dipu abducted them and took them to Khurja and brought them back to Delhi. On 22.8.1976 both the girls were found present at the waiting room of Old Delhi Railway Station wherefrom they were recovered.

(3.) The case of the prosecution is that Ajit Kumar was reported to be friendly with Santosh and he had also planned to accompany them but he left them in the company of Deep Chand, accused and never joined them. Ajit Kumar was acquitted by the trial court.