BHIM SINGH ALIAS SANJU Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT is aggrieved by the judgment of the trial Court whereby he has been convicted of an offence punishable under Section 366 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs.1,000/-; in default of payment of fine to undergo imprisonment for a further period of three months.

(2.) RELEVANT facts are like this. Appellant was engaged to the prosecutrix (hereinafter referred to as P) a few days prior to her alleged kidnapping. After the engagement, appellant and his parents insisted for early marriage. The father of P told them that P being just 14 1/2 years of age early marriage was not possible and she could be given in marriage only after her completing the age of 18 years. Appellant allegedly threatened that P will be kidnapped and forced to marry him. This happened on 7th April, 1996. Two days later, i.e. on 9th April, 1996, when P was going to school, the appellant snatched her books and proceeded towards the bus stop. P followed him to get her books back. On reaching the bus stop, the appellant forced P to board the bus. He took her to a nearby place where some fair was going on. Sindoor and some other cosmetics were purchased. P was taken by the appellant to his place. Next day she was taken to a temple at Baijnath. One Amar Nath was also accompanying them. At Baijnath P was made to perform certain rituals and it was declared that she stood married to the appellant. Then she was taken to a place called Sambha in Jammu and Kashmir State.

(3.) ON the completion of investigation, appellant alongwith two other persons, named Amar Nath and Amar Chand, was sent up for trial for offences punishable under Sections 366 and 376 of the Indian Penal Code, because P made allegation during the course of the investigating that the appellant had been having sexual intercourse with her. Age of P at the relevant time was 14 1/2 years.