STATE Vs. SUNDERSINGH

JUDGEMENT

(1.) This is an appeal against the acquittal of the respondent, who was charged with the offences under Sections 366 and 411 of the Penal Code and tried by the Additional Sessions Judge, Gwalior.

(2.) The case for the appellant is this. Vimla Kumari Alias Kapuri (P.W.1) is the daughter of Prahlad Das ( P.W.7). At the material time, she was of about 13 years and was under the natural guardianship of her father. Sunder Singh accused resided in the military lines near the house of Prahlad Das at Lashkar in the locality called Kampoo Brigade. When Vimla went to her school and when she went for playing at the premises of a temple in the vicinity, the accused used to meet her and he started acquaintance with her. He then started writing love letters to her. This made her fond of him. They secretly exchanged letters wherein they expressed to each other their own thoughts of elopement and secret marriage. Eventually in the morning of September 18, 1957, Vimla left her house for the Madho Dispensary, a Government hospital, as she was complaining pain in her ear, but then she did not return home. As pre-planned the accused carried her away on a bicycle from Lashkar to Dabra (17 miles). From Dabra the accused took her to three villages one after another, staying for a day or two at each place until they were in Shekhupura, a place about 18 miles from Dabra (i.e.) about 35 miles from Lashkar). An extensive search for the girl was made by her brother and maternal uncle, but she could not be found. A report was then lodged to the Police. On September 24, 1957 Vimla was recovered by the Police from a sugar-cane field near village Shekhupura and the accused was also arrested then and there. Vimla had taken away with her from her father's box about Rs. 2,000 in cash, besides valuable ornaments worth about Rs. 15,000- The stolen property was partly recovered from the house of the accused at his instance and pointing on September 27, 1957.

(3.) The defence version is that although there was love between them, the accused neither took nor enticed away the girl from Lashkar, she herself ran away from her home, met the accused at Dabra and, inspite of being persuaded by him to go back, she became adamant to go with the accused. He then accompanied her to his house. It is admitted that he was arrested while he and she were sleeping together in the house at Shekhupura. it is denied that they were caught in the sugarcane field.