SHANTI DEVI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal is directed against Judgment dated 31-5-1991 by 4th Additional Sessions Judge, Bhopal, in Sessions Case No. 62/90 whereby three appellants were convicted for the offences punishable under sections 363 and 366, Indian Penal Code and sentenced to R. I. for 4 years on both counts, each.

(2.) THE learned Additional Sessions Judge found that these accused/appellants had enticed away a minor girl namely Jyoti who was allegedly between 16 to 18 years at the relevant time i. e. 1-12-1989. These accused Shiv Prasad and Shahti Devi are tenants in the house of parents of the victim Jyoti in Bhopal and they persuaded her to go from her parents house and took her to Nandgarh, Distt. Sidhardh Nagar (U. P.) and persuaded her to stay with the third accused Shyam Narayan, the appellant, who established sexual relations without marriage although there was a promise of marriage given to her. She was recovered from house of one Shri Kishore Shrivastava on 10-1-1990 by the Police. The learned Additional Sessions Judge found her to be minor less than 18 years on the relevant date of her being enticed away.

(3.) THIS appeal can be disposed of on discussion of evidence of age of the girl. The girl has appeared in the Court as P. W. 5, her brother Pradeep Kumar, aged 27 years as P. W. 2 and her mother Smt. Sita Devi as P. W. 3 has appeared in the Court. Besides, one more relevant witness in regard to age is Head Master of Government Middle School, Chandbad, Bhopal. He appeared as P. W. 6 in the Court. The prosecutrix remained admitted there in the school and her progress report has been produced by Head Master regarding Class-I. The progress report pertains to the year 1981-82 wherein the date of birth is shown as 26-9-1973.