LAIMAYUM TONJOU SINGH Vs. MANIPUR ADMINISTRATION

JUDGEMENT

(1.) THIS is an appeal against the conviction and sentence of six months' R.I. of the appellant under Section 363 I.P.C. by the Additional Sessions Judge (I), Manipur, in Sessions Trial No. 23/11 of 1960.

(2.) BESIDES the appellant there was one other accused who was charged in the Sessions case, but he was acquitted. The case against the appellant was that on 23.9.1959 in the evening at about 3 to 4 p.m, when P.W. 3 Yumlembam Ningol Tampaklei Devi aged below 15 years was returning to her house with plantain leaves, the appellant all on a sudden caught hold of her and dragged her and the other accused and another Kali Singh also appeared at the scene and in spite of the girl raising an alarm she was over -powered by the three persons and taken to the house of the appellant. From there she was again forcibly taken to Khurkhul village and made to spend the night in the house of an unknown person guarded by the three persons.

(3.) EIGHT witnesses were examined in the Sessions Court in support of the charge. The learned Sessions Judge did not find any evidence to prove the guilt of the other accused and hence acquitted him. With regard to the appellant, he found that the story that the appellant took away the girl against her will was false. But he held that the girl was below 15 years of age and that therefore the appellant in taking her away must be held to have kidnapped her from lawful guardian without the consent of such guardian within the meaning of Section 361 I.P.C. and that he was guilty under Section 363, which was a lesser offence than the one under Section 366. With regard to the punishment, the learned Sessions Judge having found that the girl had eloped with the appellant according to previous arrangement and had consented to marry the appellant, sentenced him to only six months' R.I.