PIRMOHAMMAD KUKAJI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant Pirmohammad was tried by the third additional Sessions Judge of Indore on charges under Ss. 366 and 452, I. P. C. At the end of the trial, 'the learned additional Sessions Judge found the appellant guilty of both the offences and sentenced him to one and half years' rigorous imprisonment under Section 366, I. P. C., and to one year's rigorous imprisonment under Section 452, I P. C. The sentences are to run concurrently. The accused has now preferred this appeal against the convictions and sentences.

(2.) The case for the prosecution was that Mst. Fatama was married to the appellant some ten years back when she was a minor. After the marriage, the accused did not keep her with him. Mst. Fatma, therefore, continued to live with her parents Kasam and Mst. Suraj. Two years after the marriage the parents of Mst. Fatma entreated the accused to keep Mst. Fatma with him and even sent messengers to him to persuade him to do so. But the appellant paid no heed to these entreaties. The parents then gave away Mst. Fatma in Natra to one Taju. Mst. Fatma got a child from Taju. Sometime before 17th February 1957, Mst. Fatma came to her parents' house to help her mother who was then expecting a baby. It was alleged by the prosecution that on 17th February 1957 at about noon the accused accompanied by seven or eight persons, all armed came to the house of Kasam during his absence, forced open the door of the house and after entering the house forcibly took away Mst. Fatma. The accused and his companions took Mst. Fatma in a cart to the village of the accused. The child which Mst. Fatma had begotten from Taju was left in the house. According to the prosecution when Mst. Suraj went to the rescue of her daughter, the appellant and his companions gave her a push and she fell; down. Mst. Suraj then called Narayan and sent him to inform her husband and to call him to the house. Kasam returned home and after getting the details of the incident from his wife lodged a first information report on 17-2-1957 at about 9-30 p.m. in Palasia Police Station, Indore. The police then took up investigation and arrested the accused.

(3.) The plea of the appellant was that Mst., Fatma went with him of her own accord. He denied having gone to the house of Kasam. He did not deny the fact that on the material date he was in village Naita Mundla where Kasam resided.