TALLA Vs. STATE OF A P

JUDGEMENT

(1.) The petitioner herein was tried for the offence punishable under Section 366-A IPC by the learned Assistant Sessions Judge in Sessions Case No. 271 of 1994 and ultimately was found guilty of the said offence and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 200/-

(2.) In appeal, the learned I Additional Sessions Judge held that the offence under Section 366 (A) IPC was not established but, however, held that the offence under Section 363 IPC against the petitioner herein was established. The sentence passed by the trial court was confirmed by the lower appellate court.

(3.) The case of the prosecution is that P.W. 5 Rajitha was aged about 12 years at the time of offence and was a student of 6th class in the private school run by the petitioner. On 16-6-1993, the petitioner took away P.W. 5 without the consent of her guardian i.e., P.W. 1 on the pretext that he would obtain her T.C. From 16-6-1993, both were together for nine days and subsequently basing on a report lodged by P.W. 1, the petitioner and P.W. 5 were brought by the police and after investigation, the police filed charge-sheet.