BAWARIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) THE sole appellant aggrieved by the judgment and order of conviction and sentence dated 12.9.1994 passed by the Additional Sessions 1udge, Badwaha, West Nimar, in Sessions Trial No. 6/94, has preferred this appeal from the jail. The learned A.S.J. has convicted the appellant for an offence under Sec. 109 read with Sec. 366 IPC and sentenced him to undergo R.I. for four years and fine of Rs. 1,000/ - and in default of payment of fine to undergo R.I. for six months.

(2.) THE prosecution story, in short, is that on 17.11.1993 Shilu (PW 1) has gone to that residence of one Babulal Jat for viewing T.V. While she was coming back, it is alleged she stayed with the daughter -in -law of the appellant, at his residence. It is stated that one Aman Singh, was also sitting there. It is further alleged by the prosecution that the appellant had given Sanjori (a food item) to the aforesaid Shilu and slated that her marriage has been fixed at village Padliya. The appellant is further alleged to have stated that her illicit relation with Aman Singh had come to the knowledge of the people of village Padilya. The appellant further told to aforesaid Shilu that if she goes there then they would assault her. The appellant stated to the aforesaid Shilu that she should run away with Amansingh. According to the prosecution the girl at the instigation of the appellant went alongwith the aforesaid Aman Singh to live as husband and wife. However, when she reached a place near village Balwada, she changed her mind and came back to her village. The aforesaid information led to the institution of a police case.

(3.) BE that as it may, in the present appeal I have to decide as to whether the appellant can be convicted for an offence under Sec. 366 IPC with the a id of Section 109 IPC.