ABDUL GAHUR SIKDAR Vs. EMPEROR

JUDGEMENT

(1.) The three appellants were all charged under Section 366, Indian Penal Code, and there were separate charges, against Abdul Gohur under Secs.372, 109, Indian Penal Code., against Erfan under Section 373, Indian Penal Code, and against Sarojini tinder Section 372, Indian Penal Code. They were found guilty on all the counts, and the learned Judge sentenced Abdul Gohur to three years rigorous imprisonment, and the other two to Tour years rigorous imprisonment each, all under Section 366, Indian Penal Code, but did not pass any separate sentences on the other charges.

(2.) The girl in the case is Sukhoda, the daughter of Sarojini, and briefly stated the story is that Sarojini took her to Abdul Gohur's house and afterwards made her over to Erfan for purposes of cohabitation. The defence is that the woman became a Mussalman, and that Erfan wanted to warry the girl.

(3.) So far as the charges under Secs.572 and 373, Indian Penal Code, are concerned, the age of the girl is an essential point. It was necessary for the prosecution to prove that she was under the age of 16 years. For this purpose the Assistant Surgeon was examined, and he expressed a definite opinion that, she was below sixteen years.