BALWINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant was made to face trial for offence punishable under Section 363, 366 and 376 of Indian Penal Code. The Additional Sessions Judge, Jind, vide his Judgment and order dated 19.11.2009/20.11.2009 acquitted the appellant of the charges levelled against him under Sections 376, 366 of Indian Penal Code. However, held him guilty under Section 363 IPC and accordingly convicted him of the said charge and sentenced him to undergo rigourous imprisonment for a period of three years and to pay a fine of Rs. 2000/-, in default of thereof, to further undergone simple imprisonment for a period of two months.

(2.) While challenging the aforesaid Judgment and order of the trial Court, learned Counsel for the appellant raised the following arguments:

(3.) Learned Counsel for the appellant does not dispute that the age of the girl was less than 18 years, nevertheless submitted that since the evidence before the Court was that she had consented to accompany the appellant and was accordingly acquitted of the charges under Sections 376 and 366 IPC, the appellant cannot be convicted under Section 363 IPC.