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1972 Supreme(SC) 594

A.ALAGIRISWAMI, C.A.VAIDIALINGAM, I.D.DUA
Madho Ram – Appellant
Versus
State Of U. P. – Respondent


Judgment

VAIDIALINGAM, J. :- This appeal by special leave is directed against the judgment and order dated 8-5-1969 of the Allahabad High Court dismissing Criminal Appeal No. 2180 of 1966 and confirming the conviction of the appellants for an offence under Section 366 I.P.C. as also the sentence passed by the learned Sessions Judge. The first appellant has, in addition, been convicted for an offence under Section 376 I.P.C. 470 and was sentenced to undergo three years rigorous imprisonment with the direction that the sentences imposed on him are to run concurrently. This conviction and sentence have also been confirmed by the High Court.

2. The sole question that arises for consideration is whether the two courts were justified in convicting the appellants for the above offences almost exclusively on the evidence of the prosecutrix, PW 7. Though originally the charge was of kidnapping, it is seen that the learned Sessions Judge framed an alternative charge under Section 366 I.P.C. on the allegation that the appellants abducted PW 7 with intent that she may be compelled to have illicit intercourse and marry the first appellant against her will. The learned Sessions Judge has held tha














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