SRI SHYAMAL DHAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and Order dated 17.05.2007, passed by the learned Assistant Sessions Judge, Lakhimpur at North Lakhimpur, in Sessions Case No. 30 (N) of 2006. By this impugned Judgment, the appellant has been convicted both under Sections 366 and 376 of the Indian Penal Code and he has been given concurrent sentence of 7 (seven) years RI and also to pay a fine of Rs. 1,000/-, with default sentence of 3 (three) months RI for his offences.

(2.) HEARD Sri S S Sharma, learned Senior Counsel for the appellant as well as Sri B S Sinha, learned Additional Public Prosecutor for the State of Assam. I have also gone through the impugned Judgment and the evidence on record.

(3.) AS per Section 366 IPC, if a girl of less than 18 years is enticed away without the consent of her guardian it amounts to kidnapping. Since the victim was below 18 years of age, her eloping with the accused voluntarily will have no impact on the conviction of the appellant under Section 366 IPC.