JUDGMENT :

1. Heard learned counsel for the parties.

2. The instant appeal is directed against the judgment of conviction & order of sentence, both dated 27.06.2003, passed by the learned 1st Additional Sessions Judge, Dhanbad, in S.T. No. 416 of 1995, whereby the appellant was convicted and sentenced to undergo rigorous imprisonment for six months under Section 448 of the IPC, RI for one year under Section 354 of the IPC and RI for 7 years under Section 366A/511 of the IPC with a fine of Rs.5,000/- and in default of payment of fine, further ordered to undergo SI for three months, and all the sentences were directed to run concurrently.

3. The prosecution case in brief is that on 03.08.91, appellant Jaspal Singh along with his three associates entered in the house of informant with an intent to kidnap his minor daughter and on raising alarm all other associates fled away and Jaspal Singh was apprehended by mohalla people and handed over to the police.

4. Mr. Yogesh Modi, learned counsel for the appellant assails the impugned judgment on the legal issue that when the victim girl was not taken away by the appellant; Section 366 A of the IPC is not maintainable.

He further submits tha