GRIFTAR ALLA BUX Vs. STATE

JUDGEMENT

(1.) LAL Mohammad and 9 others were sent up for trial for an offence of kidnapping a minor girl Km. Shivpata. In the first week of August, 1966, from Basuha. Hamlet of village Kachnapurwa, Police Station Colonel-gani, district Gonda. from the lawful guardianship of her aunt Smt. Bitto and also for keeping her wrongfully confined and concealed. The trial Court found Lal Mohammad and Smt. Gaffora guilty under Section 363. Indian Penal Code and convicted them to rigorous imprisoment for three years. They were acquitted for the charge under Section 366, Indian Penal Code, Shaukat and Siddiq son of Ramzan were found guilty under Section 368 read with Section 109. I. P. C. and sentenced to rigorous imprisonment for three years. They were acquitted under Section 366. Indian Penal Code Mustafa Smt. Sahoora. Griftar and Smt. Sona were found guilty under Section 368. Indian Penal Code and were sentenced to three years' rigorous imprisonment. The charge under Section 366. Indian Penal Code filed against Griftar and Mustafa, No case was made out against Abdul, Siddiq son of Lai Mohammad under Sections 366 and 368 read with Section 109, Indian Penal Code. They were, therefore, acquitted of these charges.

(2.) CRIMINAL Appeal No. 41 of 1968 was preferred by Lal Mohammad, Smt. Gafoora. Shaukat. Mustafa. Smt. Sahoora and Siddiq before the Temporary Civil and Sessions Judge. Gonda. Criminal Appeal No. 42 of 1968 was preferred by Griftar and Smt. Sona before the aforesaid learned Judge. By judgment dated 11. 10. 1968 the Civil and Sessions Judge allowed Criminal Appeal No. 41 of 1968 and acquitted all the accused for the offences for which they had been charged. The conviction of Griftar and Smt. Sona was, however, upheld. Both these were found guilty under Section 368, Indian Penal Code and their sentence was also maintained by the Civil and Sessions Judge.

(3.) THIS revision application has been filed by accused Griftar and Smt. Soria.