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1930 Supreme(Cal) 120

Panchanan Gogai – Appellant
Versus
Emperor – Respondent


JUDGMENT

1. The accused in this case (Panchanan Gogai, Gopal Gohain, Mohari Ahom alias Mohari Dursa, Kan Bap Baruah, Laghona Koar, and Ratneswar Ahom) were found guilty by the jury in manner following i.e. Pachanan and Kan Bap were found guilty under Sections 328 and 366, I.P.C., Gopal and Mali Ali or Mohari u/s 366, I.P.C. and the remaining two u/s 366 read with Section 107, I.P.C. The learned Additional Sessions Judge of the Assam Valley Districts, agreeing with the verdict of the jury has sentenced the accused to undergo various terms of imprisonment.

2. The main point which has been argued in this appeal before us arises with reference to the evidence of one Sashi, Prabha, a girl aged about 17, who was alleged to have been abducted. The case for the prosecution, shortly stated, was as follows: It appears that the marriage of Sashi Probha with one Lokenath had been settled and the marriage was to have taken place on 6th May 1928. Her father Durga Prosad had been away from home for some time prior to the date of the occurrence hereinafter referred to. It is alleged that taking advantage of the absence of Durga Prosad, the accused Panchanan in conspiracy with the accused Kan Bap Gop

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