BADAMILAL RAMDHAN Vs. STATE
LAWS(MPH)-1954-12-5
HIGH COURT OF MADHYA PRADESH
Decided on December 01,1954

BADAMILAL RAMDHAN Appellant
VERSUS
STATE Respondents


Referred Judgements :-

ACHOR CH.DEV BARMA V. GOVT. OF TRIPURA [REFERRED TO]


JUDGEMENT

- (1.)THIS is a revision petition against the order dated 15-7-1054 passed by the Sub-Divisional Magistrate, Bhopal in criminal case No. 6 0. 1 1954 committing the applicants to the Sessions Court to take their trial for offences of Sections 366 and 366 read with Section 109 Indian Penal Code. It is prayed the commitment be quashed.
(2.)A challan was filed against the applicants by the Bhopal Kotwali Police, in column 8 of which tile following entry was made as to the statement of facts constituting the offences viz. Accused No 1 abducted the complainant with the help of S. No. 2 and 3 and they have committed an offence Under Section 366/109 IPC as the complainant has attended (attained) 20 years of age The Sub-Divisional Magistrate took cognizance of tile offence against the accused on this report in writing mad", by the Police Officer apparently Under Section 190 (l) (b), Cr. PC
(3.)THE case for the prosecution developed in the enquiry was that the accused No. 1 Badarni-lal abducted one Laxmi Bai aged about 20 years of age wife of one Jamna Prasad in order that she may be forced or seduced to illicit intercourse and that the accused 2 and 3 Kammo and Lalsingh respectively had abetted the offence. The case for the accused No. 1 was that Laxmi Bai is his own married wife and had left sometime back and had gone to live with Janma Prasad and she herself of her own accord had come away with the accused No. 1. The accused No. 2 and. 3 denied to have taken any part in the alleged incident.
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