JUDGMENT

1. This is an appeal under Section 417, Criminal P.C., filed on behalf of the Local Government against the judgment of Pt. Tika Ram, Additional Sessions Judge of Bahraich, dated 1st July 1932, acquitting the accused Parag and Sri Ram of offences under Sections 366, 366-A and 368, I.P.C. The story of the prosecution is as follows: Mt. Sitala Guria (a Kahar woman aged 15 years), was married a couple of years ago to Maiku of village Pharuaghat and lived with him. Her parents lived in village Gurhaiya where the accused Parag Guria also lived, and the latter was known to Mt. Sitala and her parents. One day, over a year ago in the Hindi month of Katik at about mid-day, Parag accused came to Mt. Sitala and informed her that Bijai Saran Mukhia of village Gurhaiya had beaten her parents and driven them out of the village and that they had gone to Lucknow leaving Rs. 2 to be given to her for her railway fare to Lucknow where they wanted her to follow them. Just then Maiku, the husband of Mt. Sitala, came to the spot and Parag told him that the talk he had just had with Mt. Sitala was about her parents and he then left the place. Later on in the evening Parag accused came to Maiku's house and told Mt. Sitala on the quiet that she should leave the house when all were asleep and that her parents wanted her very badly in the hour of their tribulation. Parag came again at night and took her quietly away to his own house in Gurhaiya and kept her in his house that night and the following day after sunset Parag took her to the railway station.

2. On the way Bholai Singh and Sri Krishen, the husband of the sister of the accused Sri Ram, met them at a distance of about two miles from Gurhaiya. Shortly afterwards Sri Krishen left the party, but Bholai Singh accompanied Parag and Mt. Sitala to the railway station. Reaching the railway station Bholai Singh opened out a box which he had with him and insisted upon Mt. Sitala wearing the clothes and ornaments which he had brought with him. Mt. Sitala reluctantly put them on and she and Bholai Singh boarded the train, while Parag remained behind. The latter's parting advice to Bholai Singh was that if anybody asked who Mt. Sitala was, Bholai should boldly say that she was his wife. At Bara Banki railway station Bholai Singh and Mt. Sitala changed trains and at 10 p.m. they reached Saharanpur and Bholai took Mt. Sitala to the house of Sri Ram accused in the railway lines. Mt. Sitala was then told by Bholai Singh that she was abducted from her house in order that she might be sold in marriage. On the 4th day of her detention in Sri Ram's house Mt. Sitala had her nose bored with the assistance of the female relations in Sri Ram's house.

3. In this manner Sri Ram detained Mt. Sitala and concealed her in his house for over two months. Bholai Singh after staying for eight days in Sri Ram's house went away taking back with him the clothes and ornaments which he had lent to Mt. Sitala to wear during her clandestine journey from Bahraich district to Saharanpur. Sri Ram accused was a railway cabin man at Saharanpur railway station. He was betrayed by another railway employee who put the police on his track, and police constable Shabbir Ali of the Saharanpur kotwali police station discovered Mt. Sitala in Sri Ram's house. Mt. Sitala complained to him that she had been detained in his house against her wishes. The constable then took Mt. Sitala and the accused Sri Ram to the kotwali and lodged a report. The police investigation was thereupon started and ultimately Bholai Singh, Parag Singh and Sri Ram were prosecuted under Sections 366, 366-A and 368, I.P.C., in the Court of the Joint Magistrate of Bahraich who committed all three accused to the Court of Session at Bahraich. The learned Additional Sessions Judge of Bahraich convicted Bholai Singh of an offence under Section 366, I.P.C., and sentenced him to undergo five years' rigorous imprisonment and he acquitted the other two accused Parag and Sri Ram. T