Judgment

UNTWALIA, J.:- This is an appeal by special leave from the judgment of the High Court of Madhya Pradesh confirming that of the trial Judge, whereby the appellant was convicted under Sections 366 and 367 (sic 376) of the Indian Penal Code with imposition of 3 years and one years rigorous imprisonments respectively. The sentences were directed to run concurrently.

2. The prosecution case at the trial was that Shakuntala, P. W. 35 was a minor girl of about 14 or 15 years of age at the time of the occurrence in the year 1969. Her father had died a few years ago. She was living with her widowed mother and with her brother Jagdish, P. W. I. Her mother was running a small hotel which was at a short distance from their house. The appellant was about 36 or 37 years of age and was a widower having two children from his first wife. Appellant started making overtures to Shakuntala, which was not liked by Jagdish. After Jagdish had gone to his shop on 28th September, 1969, at about 9.00 p. m. the appellant is said to have kidnapped Shakuntala from the lawful guardianship of her mother. It is alleged that he kidnapped her under threat of causing hurt to her with a knife. It is further sta