High CourtsSingle Bench

Nishar Mohammad @APPELLANT@Hash State of Chhattisgarh

Chhattisgarh High Court · Decided on 12 October 2018 · Citation: (2018) 10 CHH CK 0037

HON’BLE JUDGES
Arvind Singh Chandel, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 161, 313, 437A · Indian Penal Code, 1860 — Section 363, 366
RESULT
Allowed
CASE NUMBER
Criminal Appeal No.638 Of 2001
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Judgment

12 paragraphs · 216 words

Conviction,Sentence

Under Section 366 of the Indian Penal Code,"Rigorous Imprisonment for 3 years, and fine of Rs.500/-

with default stipulation

prosecutrix, it is also clear that she herself left her house at her own will. There is nothing on record on the basis of which it could be accepted that the",

Appellant had taken/abducted her away on allurement that he will marry her. In these circumstances, though the prosecutrix was below 18 years of",

age on the date of incident, she herself had gone along with the Appellant at her own will. She herself had left her house and the Appellant had not",

allured her that he will marry her. Therefore, no offence under Section 363 or 366 of the Indian Penal Code is made out against the Appellant.",

12.

Consequently, the appeal is allowed. The impugned judgment of conviction and sentence is set aside. The Appellant is acquitted of the charge",

framed against him.,

13.

It is reported that the Appellant is on bail. His bail bonds shall continue for a further period of six months from today in terms of the provisions,

contained in Section 437A of the Code of Criminal Procedure.,

14.

Record of the Court below be sent back along with a copy of this judgment forthwith for information and necessary compliance.,