DARSHAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANTS Darshan Singh and Jaggu have been convicted under sections 456, 363 and 323 IPC and sentenced to rigorous imprisonment for one year, two years and fine of Rs.1000/ - each respectively. The sentences have been ordered to run concurrently.

(2.) THE prosecution case was that Hembai (PW 1) was less than 18 years of age on 17.11.1985. On that date, she was kidnapped by appellants Darshan Singh and his son Jaggu. They did so by committing criminal trespass in her house in the night. They caused injuries to the parents of Hembai (PW 1). Accused Jaggu aged about 18 years was neighbour of Hembai (PW 1). Preetbai (PW 2) is mother of Hembai (PW 1). She lodged report Ex.P -2 at Rajahara police -station. The police recovered Hembai (PW 1) from the house of the accused persons on the same day.

(3.) COMING to the question of sentence, it has been pointed out that accused Jaggu was 18 years of age on the date of the incident. He was in love with Hembai (PW 1) and therefore, some leniency should be shown on this point. His father appellant Darshan Singh merely assisted him in taking the girl to his house. The accused did not do anything to enhance the gravity of the offence. This part of the argument raised on behalf of the appellants is acceptable. They were in jail for about 3 months and 9 days from 18.11.1985 to 27.2.1986. Therefore, the jail sentence for each of the offences mentioned above is reduced to the period undergone and these are further ordered to run concurrently. The sentence of fine is maintained.