JYOTI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The accused/appellant-Jyoti has filed this appeal against the judgment of conviction and order of sentence dated 2.12.2002 passed by the Additional Sessions Judge (Adhoc), Amritsar vide which he has been convicted under Section 365 IPC and sentenced to undergo rigorous imprisonment for a period of five years along with fine of Rs. 1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month.

(2.) Briefly the facts of the case are that Karan, a child of four years of age, was a student of Nursery Class studying in New Modern High School, Amritsar. On 1.2.2000 while he had gone to attend his classes in the school, a telephone call was received by Satnam Kaur, Head Mistress of the School whereby the caller told her that there has been a death in the family and therefore Karan be sent back home. He further stated that it was not possible for the grandfather of the child to come to the school as he was busy condoling the death of the relative who has expired. The Head Mistress agreed to the request made by the caller. Soon thereafter, a person came to the school and asked the Head Mistress to handover the child. The Head Mistress saw the person through the chinks of the gate and inquired from his as to who he was. He replied that he had come to take Karan. She asked the child whether he knew the person who had come to take him and the child replied in the affirmative.

(3.) Thereafter, she allowed the man to take the child with him.