GADADHAR SARKAR Vs. EMPEROR

JUDGEMENT

(1.) The appellant has been convicted under Section 368, Indian Penal Code and sentenced to undergo rigorous imprisonment for one year, on a second trial held by the Additional Sessions Judge and a Jury, the Jury having on this occasion brought in a unanimous, verdict of guilty: on the said charge.

(2.) The point that has been urged in support of this appeal is that the directions of the learned Judge on the question of knowledge --knowledge on the part of the appellant that the girl was abducted--are defective.

(3.) The learned Judge's charge is an elaborate one, very fully dealing with the evidence and circumstances of the case, and he set out the details of the ingredients necessary to constitute an offence punishable under Section 368, Indian Penal Code with punctilious care. There is, however, an unfortunate defect, and that, in our opinion, a serious one, as regards his presentation of the facts and circumstances relating to knowledge.