The accused appellant has been convicted by the Munsiff Magistrate Rampur Rajouri under sections 363 and 366 of the Ranbir Penal Code and sentenced to two years rigorous imprisonment under section 363 and three years rigorous imprisonment under section 365. The sentences are to run consecutively. Against these convictions and sentences the accused has filed an appeal from the jail.

On the night between 12th and 13th Jeth 1933 a young girl Mst. Reshman was taken away by the accused from her fathers house. The accused took the girl from place to place until he was arrested on 24th Har 1993 and the girl found with him. The plea of the accused was that the girl went with him and remained with him of her own free will. This plea is of no avail to the accused as according to the Medical evidence the girl Mst. Reshman is under 16 years of age. Her consent even if given is therefore immaterial in the case. There is however evidence on the file to show that the girl was forcibly taken away by the accused from her house and the fact that the accused committed adultery with the girl is admitted by the accused himself.

The learned Government Advocate frankly admitted that in a case like this the accused could only be convicted under section 366 of the Ranbir Penal Code and could not be convicted of a minor offence under section 363 for the same act. This is quite correct. In the charge sheet itself only one charge has been made against the accused and that is of abducting Mst. Reshman from her fathers house for purposes of illicit intercourse. It is obvious that for the same offence the accused could not be convicted both under section 363 and under section 365. The case clearly falls under section 366 of the Ranbir Penal Code and we uphold his conviction and sentence under that section. The conviction and sentence of the accused under section 363 of the Ranbir Penal Code are set aside. The appeal is accepted only to the extent indicated above.

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