BANARSI @ BENARSI DASS Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) BANARSI Dass on his conviction under section 366, Indian Penal Code, and sentence of 6 months rigorous imprisonment, has come up in appeal. He is said to have on the night intervening January 15/16 -1 -1973 at village Isharpur, abducted Kumari Pali, aged 16/17 years, with the intent that she might be seduced to illicit intercourse. His co -accused, Puran and Shrimati Lila Devi have been acquitted.

(2.) THE prosecution story briefly runs as undar: - -

(3.) REGARDING the occurrence, we have mainly the evidence of Kumari Palo (P.W. 7). According to her, the appellant awakened her at about 3 A.M. and told her that her buffalio had been let loose. She came out of her house and found her buffalo underneath the Neem tree. The witness maintained that with the help of Puran and Shmt. Lila, the appellant forcibly took her to different places and kept her for about 6 months. She added that the appellant had been committing sexual intercourse with her. S.I. Mohan Singh recovered her from the possession of the appellant. She claimed that the appellant threatened her not to talk to anybody. The trial Court found the story as given by the prosecturix to be not true so far as the allegation of threat was concerned. It was observed that the prosecutrix could have easily raised an alarm and made complaint regarding her abduction by the appellant. From the facts that the prosecutrix did not raise hue and cry at any stage it was concluded that she was a consenting party and had willingly gone with the appellant and was also a consenting party to the sexual intercourse committed by him. The trial court acquitted the appellant for the offence under section 376, Indian Penal Code.