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1991 Supreme(SC) 131

M.FATHIMA BEEVI, V.RAMASWAMI, A.M.AHMADI
Hari Ram: Phoola – Appellant
Versus
State Of Rajasthan – Respondent


(1) THE appellant along with one another, Suraj Karan, were tried for the commission of offences punishable under S. 342, 343 and 366, IPC, for abducting Public Witness 1, Durga, by deceitful means and for wrongly con- fining her at different places against her will. The learned Additional Ses- sions Judge acquitted Suraj Karan, but convicted the present appellants for abduction and sentenced them to suffer rigorous imprisonment for three years and to pay a fine of Rs. 500.00, in default to suffer rigorous imprisonment for three months. In addition, appellant Phoola was con- victed under S. 342, Indian Penal Code and was directed to suffer rigorous imprisonment for one month whereas appellant Hari Ram was convicted under Section 343, IPC, and was directed to suffer rigorous imprison- ment for six months. The substantive sentences were to run concurrently, Against the said conviction and sentence, the present appellants preferred two separate appeals to the High court of Rajasthan which were disposed of by a learned Single Judge of that court by a common judgment. He upheld the conviction of both the appellants for abduction but reduced the sentence to two years rigorous imp


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