JEEWAN Vs. REX

JUDGEMENT

(1.) Jeewan, Mukhram and Baru appeal against their conviction under 8.366, Penal Code and sentence of five years' R.I .. for having abducted Mt. Shanti from village Rohana on 24th September 1947.

(2.) Mt. Shanti used to live with her father Manphool in village Rohana. She was recovered from the house of Baru, appellant, on the evening of 29th September 1947. Baru gave out that he had purchased her for Ks. 800 from Mukhram. Mt. Shanti alleged that she had been forcibly lifted and carried by Mukhram and Jeewan from a grove of village Rohana, that Baru met Jee-wan and Mukhram 'after a mile Cr so and that Jeewan then returned to Robana and Baru and Mukhram took her to village Lohari where they reside, The village people held a Panchayat and seemed to have gone into the matter thoroughly, Manphool, the father of the girl, was called the next mCrning. On 80th September, they again discussed the matter and finally Baru, Mukhram and Mt. Shanti were sent to police outpost at Charthawal with the Chaukidar and Mt. Shanti lodged a report there mentioning therein practically what has been stated above about the incident connected with her being taken away.

(3.) Both Mukbram and Jeewan deny the allegations against them and allege their implication on account of enmity. It may be said here that no prosecution witness was questioned about the alleged enmity and no evidence has been led in defence to establish it.