Judgement

BHAGWATI, J.: The appellant along with 5 other persons was charged under S. 368, Penal Code, for kidnapping or abducting one Chameli, a minor daughter of a railway employee one Net Ram, in order that she may be forced or seduced to illicit intercourse. The other accused were also charged with having committed offences under various other sections of the Penal Code but which are not necessary to mention for purposes of this appeal. The accused Prahlad Singh and Dhani Ram were acquitted, the accused Baburam was convicted under S. 366 and 368 and the accused Gokaran was convicted under S. 368 Penal Code. The accused Niranjan was also convicted under S. 366 and 368 and the Appellant was convicted under S. 366 Penal Code and was sentenced to 3 years rigorous imprisonment.

On an appeal being taken to the High Court of judicature at Allahabad (Lucknow Bench) the accused Babu Ram and Gokaran were given the benefit of doubt and their convictions and sentences were set aside. The appeals of Niranjan and the Appellant were dismissed and their convictions and sentences were confirmed. The accused Niranjan did not apply for leave to appeal to this court but the Appellant did and she wa