JERMAN SYNGKLI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Criminal Appeal is directed against the judgment dated 30th November, 2018 passed by the Court of learned Sessions Judge, RiBhoi District, Nongpoh in terms whereof appellant has been convicted for commission of offence punishable under Section 366 I.P.C. and sentenced to undergo rigorous imprisonment for a period of ten years with a fine of Rs. Ten thousand, in default of payment of fine to undergo simple imprisonment for six months, amount of fine if realised to be paid to the victim.

(2.) Learned counsel for the appellant contended that the ingredients of Section 366 I.P.C. are not satisfied at all, even the prosecutrix who is the sole star witness has not supported the case of kidnapping therefore appellant deserved acquittal but has been convicted and sentenced to maximum of ten years rigorous imprisonment. Buttressing his submission that the offence under Section 366 I.P.C. has not been proved, placed reliance on the judgment rendered by the Hon'ble Apex Court in the case of Kavita Chandrakant Lakhani vrs. State of Maharashtra and Anr, 2018 6 SCC 664.

(3.) Learned Addl. AG and learned Addl. APP opposed the contention of the learned counsel for the appellant by stating that the appellant, an auto rickshaw driver had deliberately avoided to stop the auto rickshaw at the destination where the prosecutrix was to be dropped and it is that situation which has prompted the prosecutrix to jump out of the auto rickshaw, as a result whereof she got severely injured and fell unconscious, was treated in Civil Hospital, Nongpoh. He has also placed reliance on the same judgment as relied upon by the learned counsel for the appellant.