GOBINDA BISWAS AND ORS. Vs. THE STATE

JUDGEMENT

(1.) THIS petn. of revn. is directed against an order of the Addl. Ses. J., L.A.D., dated 22 -6 -1950 by which the convictions of the petnrs. Under Section 363, I. P.C. were confirmed and the sentences awarded to them upheld. The peters, were sentenced each to undergo R. I. for 3 months. They were also sentenced to a fine of Rs. 100/ -each and in default of its payment to R. I. for one month.

(2.) THE prosecution case was that the complain ant Ganesh Kumar Bhowick was the guardian of the minor girl Kamala aged about 9 or 10 years. On 18 -6 -1949, the minor was removed from the custody of her guardian during his absence. The minor, according to the prosecution case, was kept confined in the house of Khudiram Biswas, petnr. 3. The petnrs. are said to have intended giving the minor away in marriage to petnr. 2. The learned trial Mag. found that the girl was a minor and that she was removed from the custody of the complainant who was lawfully entrusted with the care and the custody of the minor.

(3.) THE learned Counsel for the petnrs. has raised only one contention. He has urged that the complainant was not the lawful guardian and therefore conviction Under Section 363, I. P.C. could not be sustained.