KHANNA Vs. STATE

JUDGEMENT

(1.) THE prosecution case is, that Sarli a minor girl (under 18 years of age) was working in a field with her mother Bathadi P. W. 2 It was noon -time when the accused Khanna caught hold of the girl's hand and dragged her to a certain distance in spite of her protest. The accused appellant just met the prosecution witnesses Idu (P. W. 3) and Jasu (P. W. 5). They inquired of the accused as to why she was being carried away. The accused is alleged to have replied to them that she was to be taken to be made his wife. These to witnesses however, seeing that the girl was not willing, released her and returned her to her parents. As the girl was a minor, according to the prosecution, he had committed an offence u/s 366 I. P. C. The accused denied the commission of the offence.

(2.) THE learned Sessions Judge found that the girl was below 18 and that she was forcibly carried away by the appellant against her will. He has held that the accused took the girl with intention to marry her or that she would be forced to illicit intercourse.

(3.) THE prosecution has therefore to establish that it was a case of abduction. But unfortunately in this case I find that the charge is not of abduction. It reads as follows -