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1972 Supreme(SC) 161

A.N.GROVER, M.H.BEG
Shiv Govind – Appellant
Versus
State Of M. P. – Respondent


Advocates:
I.M.SHROFF, M.N.SHROFF, S.K.Gambhir

Judgment

BEG, J.:- Shiv Govind, the appellant, has obtained Special leave to Appeal against only that part of the Judgment and Order of the High Court of Madhya Pradesh by which his sentence of one year s Rigorous Imprisonment, passed by the Additional Sessions Judge, Indore, upon a conviction under Section 366, Indian Penal Code, was enhanced to seven years Rigorous Imprisonment and a fine of Rupees 100/-, and, in default of payment of fine, to three months further rigorous imprisonment. The appellant, aged about 20 years at the time of the alleged offence of 9th of August, 1969, was the youngest of the three persons who were jointly charged and tried for offences punishable under Sections 366 and 354, I. P. C.

2. The prosecution case was: Kumari Seema, a girl below 18 years of age, was offered a lift on his bicycle by the accused, Kamal Singh, aged 30 years, while she was returning to her home from her School on 9th August 1969. The girl hesitated. But, as she reposed confidence in Kamal Singh, whom she looked upon as her uncle, she accepted the offer. Kamal Singh took Kumari Seema on his bicycle to the Regal Cinema where she part-took of some refreshment ordered by Kamal Singh.













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