OYALI MIA AND ANR Vs. NAIB ALI

JUDGEMENT

(1.) This Rule is directed against an order of the Sessions Judge of Tripura dismissing an appeal against the conviction of the petitioners Oyali Mia and Sona Mia, father and son, under Section 383, I.P.C. by the Saddar Magistrate of Agartala, sentencing each of them to rigorous imprisonment for six months.

(2.) The case for the prosecution in brief was that Jahora, a girl of seven years was given in marriage to the Complainant's son and was living in the Complainant's house when she was taken in Naiyar (a causal visit) to her mother's house & from there to the house of an uncle of hers. While returning from there with the complainant, she was forcibly taken away by the Petitioners for giving her in marriage with Sona Mia.

(3.) The defence was that Jahora was actually married to Sona Mia, that the complainant was not the lawful guardian of Jahora and that the story of kidnapping was false.