AMAR NATH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal by Amar Nath. He has been convicted under Section 366 of the Indian Penal Code and sentenced to rigorous imprisonment for two years and to pay a fine of Rs. 200 or in default of payment of fine to further undergo rigorous imprisonment for three months Connected with the appeal in criminal revision No. 999 of 1990. That revision has been registered as a result of notice issued by Gujral J on November 4 1969 to the Appellant to show cause as to why is sentence should not be enhanced.

(2.) THE facts of the prosecution case are as under: - Tilak Raj Kumari is the prosecutrix. Her father is Sadhu Ram. The name of her mother is Smt. Bimla Devi. They reside at Jagadhri. On the date when the prosecution disappeared from the house of her parents, she was 12 or 13 years of age. On June 30, 1968 at 8 a.m , she left the house of her parents. She got into a train at Jagadhari and reached Ambala Cantt Railway Station at 1 p.m. At the platform, she enquired from several military men as to whether she could be employed in the army. They told her that she was very young in age and could not be taken in the army. Being asked about the address of her father she declined to disclose the address.

(3.) THE Appellant, who is Editor of newspaper called, 'Haryana Views' issued both from Jagadhri and Delhi, was present at the platform at the time enquiries were being made by the girl. Finding that the girl was seeking employment and was not giving address of her parents, he represented to her that he had no daughter of his own and that he would take her to his own house and keep her there as his daughter. The girl agreed to the proposal