MAGANLAL MOHANLAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal arises out of a judgment and order dated 31st March 1997 rendered by learned Additional Sessions Judge, Palanpur, in Sessions Case No.18 of 1990.

(2.) Appellant herein was accused no.1, who was charged with having committed offences punishable under Sections 363, 366 of the Indian Penal Code. Learned Additional Sessions Judge convicted the appellant under both the charges and sentenced him to undergo rigorous imprisonment of two years and three years respectively and also pay fine of Rs.400/-.

(3.) Broadly stated the prosecution case is that the appellant had taken away one, Yogini, a minor girl from the custody of her parents with a promise of getting married. Complaint was lodged by the father of the girl. He was examined as P.W.2 at Exh.22. In his cross-examination, he stated that his daughter Yogini had run away. Pushpaben, P.W.3, Exh.24 was the mother of the girl. She stated that her daughter had climbed on a table and jumped over a wall of the veranda of the house. It can thus be seen that the girl had voluntarily left the house of her parents. About this, there is no manner of doubt. If one peruses the evidence of the girl herself, who was examined as P.W.13 at Exh.46, she stated that she was studying with the appellant in the same school and had, therefore, developed relations. She was called by the appellant on 9th September 1989. She accordingly jumped over the wall of the veranda. She was taken by the appellant in a jeep car and they went to Kanajia village. They stayed there at night in the house of the uncle of the appellant.