MAQBOOL Vs. STATE OF U P

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 13.1.1982 passed by VIII Additional District & Sessions Judge, Allahabad in S.T. No.129 of 1981, State Vs. Maqbool and another, whereby the learned trial judge has convicted the appellant under Section 363 I.P.C. but instead of sentencing, has released him, giving the benefit of Section 4 of U.P. First Offenders Probation Act, 1938 with direction to furnish two sureties of Rs. 2000/- and personal bond in the like amount to keep peace and to be of good behaviour for a period of 3 years and in default to undergo sentence of such period.

(2.) Heard Sri Bikash Kumar Mishra, learned amicus curiae for the appellant and Mr. Fahim Ahmad, learned A.G.A. for the State. Perused the lower court's record.

(3.) The prosecution case, in brief, is that the brother of the prosecutrix lodged an F.I.R. on 28.3.1978 mentioning therein that on 27.3.1978 the accused-appellant Maqbool enticed away her sister aged about 14 years. The witnesses, Shahnawaj, Sikandar and Mohd. Ameen have seen the accused while he was taking away the sister of complainant with him.