DINANATH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is an appeal filed by the appellant Dinanath against his conviction under S. 307 and S. 377, I.P.C. and sentence of three years rigorous imprisonment on each count running concurrently.

(2.) THE prosecution story is that Abdul Rashid, a boy of about 14 years of age, was working in a Motor -workshop of Hai Miya on a salary of Rs.15/ -. The appellant Dinanath met him on 24 -2 -1959 near the Siyaganj Railway gate, Indore and offered him a salary of Rs. 60/ - per month if he would work in his 'Pan' and cycle shop which he was running at Kumarkhadi a suburb of Indore. The boy agreed. The accused -appellant told him that he was going to Ujjain in search of his servant who had run away with his cycle and that he would be glad if he would accompany him. The boy consented and both of them started towards Ujjain, on a cycle which the appellant was having at that time. When they were five or six miles away from Ujjain, they started by a different route in order to reach earlier. This shorter route passed through a jungle. On the way the accused, against the will of the boy, committed unnatural offence. He also bit his cheeks. On these allegations the accused was prosecuted for offence, in addition to those for which he has been convicted, under S. 324, I P.C. The latter offence, however, has not been found to be established and he has been acquitted of the same.

(3.) REGARDING the enticement, the evidence is that of P. W. 8 -Abdul Rashid. He has given out that the accused offered him a job of Rs. 2/ - per day and on that he agreed to leave his old job and join him. He has also deposed that on his request he accompanied him on his cycle to Ujjain.