MOHAN SINGH Vs. STATE

JUDGEMENT

(1.) THE petitioner, Mohan Singh, a Pleader of Delhi, is being prosecuted in the Court of the Additional District Magistrate, Karnal, along with bis relations, Shamsher Singh and Bishan Kaur, in connection with the abduction of Kanwari Kusum Lata, an unmarried girl of that place, who is stated to be less than 18 years of age. Mohan Singh questioned the jurisdiction of the Court to try him. The objection was rejected and the order has been upheld by the Additional Sessions Judge of Karnal.

(2.) IN order to decide whether the learned Magistrate at Karnal had jurisdiction to try the petitioner Mohan Singh, it is necessary to refer to the prosecution allegations. It is alleged that the petitioner's coaccused Shamsher Singh, who was employed as Lecturer in the local College at Karnal and was privately coaching Kanwari Kusum Lata, abducted her from Karnal with intent that she may be compelled to marry against her will or in order that she may be forced or seduced to illicit intercourse; He took the girl to the house of his relation, Mohan Singh petitioner at,delhi, and from there both of them removed her from place to place and ultimately compelled her to go through some form of marriage with Shamsher Singh. The Police report further discloses that the petitioner actively assisted Shamsher Singh in marrying Kusum Lata, and for that purpose obtained her statement. On the basis of these allegations, the trial in the Court of the Additional District Magistrate of Karnal is proceeding against Mohan Singh petitioner, Shamsher Singh and Bishan Kaur on charges Under Sections 363, 366, 368 and 109 of the Indian Penal Code.

(3.) THE contention raised on behalf of the petitioner is that since there is no charge of conspiracy and there is no allegation that he had any hand in the abduction of the girl from Karnal, he could not be tried in any criminal Court at Karnal but only at Delhi where he is alleged to have assisted Shamsher Singh in marrying or abduction of Kusum Lata. It is true that the petitioner was not originally in the picture when Kusum Lata was abducted from Karnal, and it was only when she was brought by Shamsher Singh to Delhi that he accompanied them to various places and brought about their marriage. These allegations clearly go to show that he was an abettor and guilty of offences Under Section 366/109 and 368/109 of the Indian Penal Code. He is being tried with the principal offender Shamsher Singh who is charged with offences Under Sections 363, 366 and 368 of the Indian Penal Code.