STATE GOVERNMENT Vs. KAMRUDDIN IMAMODDIN

JUDGEMENT

(1.) THIS appeal of the State Government is directed against the acquittal of the accused-respondent Kamruddin of an offence punishable under Section 363, Penal Code, for kidnapping Kum. Jai (P. W. 3) alleged to be 15 years of age on, 28-4-1954.

(2.) THE prosecution case was that on 28-4-1954 Kum. jai daughter of Laxman (P. W. 2) was sitting at the 'bangai' of Laxman Kalar (P. W. 8 ). The respondent made signs to her calling her to him. She went to the respondent who offered her inducement of giving her ornaments and clothes and requested her to accompany him to Suknegaon. She declined. The accused thereupon caught her by the hands, dragged her for some distance, physically lifted her up, put her in a 'rengi' (a small bullock-cart without a rool) and took her away with him to Suknegaon. He kept her in his house for three days, and during that period he had sexual intercourse with her.

(3.) AT the relevant time Kum. Jai was staying with her brother Narayan. On being informed by Narayan, Laxman (P. W. 2) reported the matter to the police on 30-4-1954. Exhibit P-2 is that report. During investigation the station-officer, Moregaon found Kum. Jai in the house of the respondent. The respondent was therefore charged with the commission of an offence punishable under Section 363, Penal Code.