DAMODAR Vs. STATE

JUDGEMENT

(1.) THESE are two appeals, one by Damodar and the other by Sheonath accused, against their conviction under Section 366 of the Indian Penal Code. Damodar has been sentenced to five years' and Sheonath to four years' rigorous imprisonment.

(2.) THE case for the prosecution was that on or about 18th July, 1950, Damodar accused kidnapped Mst. Bachi, a girl about 10 years old on the allurement that if she accompanied the accused to his village, she would be given 'laddoos' and 'puris' to eat. Eachi often visited the house of the accused Damodar for playing with Mst. Munni. Damodar's daughter. At first Damodar kept Mst. Bachi confined in his house at Jaipur for two or three days, and thereafter he took Bachi and his daughter Munni to Chandera and offered her in marriage at first to Balu and then to Todia at village Chandera provided that they paid him a substantial amount of money, taut both refused. Sheonath accused was also called to Chandera. An attempt was made to give the girl Bachi in marriage to Ganga Sahai, brother of Mangilal of village Kankroli, but Man-gilal, with whom the accused had a talk, said that he would firstly satisfy himself about the parentage of the girl, and would then reply. Rs. 200/-however, were taken from him in advance for expenses to be set os against any sum that might be settled for the marriage of Bachi with Ganga Sahai ultimately. Ultimately, however, Mangilal also refused to have Mst. Bachi in marriage for his brother Ganga Sahai. Rs. 200/- were, therefore, returned by Damodar to Balu, and a receipt was obtained, and the two girls, who were in the possession of Balu, were taken over by Damodar accused, and a receipt therefore was delivered to Balu.