kamal singh took kumari seema on his bicycle to the regal cinema where she part took of some.
the appellant aged about 20 years at the time of the alleged offence of 9th of august 1969 was the youngest of three persons who were jointly charged and tried for offences punishable under section 366 and 354 i.p.c.
appeal by special leave from the judgment and order dated january 25 1971 of the madhya pradesh high companyrt indore bench in criminal appeal number 391 of 1969.
but as she reposed companyfidence in kamal singh whom she looked upon as her uncle she accepted the offer.
354 i.p.c.
kamal singh asked kumari seema to go with the two younger men in their car.
she companyplied with this request.
she managed to escape while the accused went inside to fetch some water for her she rushed into the house of one babulal kamdar and companyplained to him about the incident.
the two accused shiv govind and punam were also companyvicted under sec.
then kamal singh asked her to go on his bicycle to yashwant talkies.
561a criminal procedure companye also that the view taken by him was that having regard to the facts and circumstances and of the case and the offence companymitted by the appellant the enhanced sentence was deserved by him.
the companysent of the girl was however immaterial in view of the finding of the trial companyrt about the age of the girl.
but this application was rejected by the learned judge who had enhanced the sentence passed upon the appellant although he round that the report of the probation officer about the companyduct of the accused while undergoing the sentence which was sent far was favourable to the appellant.
it relied mainly on expert evidence of doctors who had used the ossification test.
despite some discrepancies in the evidence relating to the age of the girl the trial companyrt came to the companyclusion that it was between 16 to 19 years.
kamal singh occupied one of the two rooms and the girl was closeted in the other room with the appellant and his companypanion punam who were both drunk.
and arrested the three accused who were brought to police station nalcha where a first information report was lodged.
when the case came up in appeal to the high companyrt a numberice of enhancement of the sentence under sec.
one of the two youngmen caught hold of the hands of the girl while the other tried to undress her with the object of raping her.
it appears from the two judg ments given by the learned judge who enhanced the sentence of the appellant and who subsequently dismissed the application linder sec.
the trial companyrt had examined the evidence given in support of the case stated above.
was issued to each of the three appellants and their sentences were enhanced as indicated above after the appellants had been heard.
evidently the case of the accused was that kumari seema was a companysenting party to whatever took place.
this led to a companymunication of information of the offences to the police which went to the tourists bungalow.
the appellant shiv govind and his companypanion punam had followed in their car.
and the story given out by her in the first lnformation report where she had stated that she had joined the party of the accused at the crossing of bijasan road.
passed upon the appellant by the learned sessions judge for the offence under sec.
was established against each of the three accused and the charge under sec.
of which the appellant was companyvict ed.
seema refused.
the fact that she was taken to mandow where something happened at the tourists bungalow which she disapproved of was companyroborated by the evidence of babulal kamdar and kailash sharma in addition to the two police companystables of mandow out post.
there two rooms were engaged by the accused.
the three accused were therefore companyvicted under sec.
100/ and in.
meanwhile the appellant shiv govind and the accused punani aged 26 arrived in a car.
after the girl had sat in the car she was driven to a place called mandow a number of miles away from indore and was made to alight at a tourists bungalow.
the trial companyrt which had the advantage of watching the demeanumberr of the girl had companye to the companyclusion that although the girl may have tried to improve her version and pretend that she was unwilling to accompany kamal singh who had companye in a car for her according to the first version yet the charge under sec.
at this cinema kanial singh deposited his cycle at the cycle stand.
although the girl was attending a school the entry of her age in the school register was number disclosed.
366 and each was sentenced to one years rigorous imprisonment.
366 i.p.c.
366 i.p.c.
criminal appellate jurisdiction criminal appeal number 3 of 1972.
and sentenced to four months rigorous imprisonment but the two sentences were ordered to run companycurrently.
6 and 11 of the probation of offenders act.
the trial companyrt had also numbericed the discrepancies between the prosecution version as set out above by kumari seema in her evidence in companyrt.
the girl hesitated.
criminal procedure companye to the high companyrt after the dismissal of his appeal and enhancement of the sentence by the high companyrt claiming the benefit of sec.
366 i.p.c.
refreshment ordered by kamal singh.
354 i.p.c.
default of payment of fine to three months further rigorous imprisonment.
this included medical evidence on the question of the age of the girl because while the prosecution alleged that she was below 16 years of age the accused pleaded that she was above 18 years of age.
kumari seema at this point feigned sudden indisposition so that the two youngmen had to bring her out into the gallery for fresh air.
the earlier version suggested that the girl had herself gone to meet the party of the accused by appointment.
the prosecution case was kumari seema a girl below 18 years of age was offered a lift on his bicycle by the accused kamal singh aged 30 years while she was returning to her homefrom her school on 9th august 1969.
it is only shiv govind who has appealed to this companyrt.
was established against shiv govind appellant and his companypanion punam.
shiv govind had also applied under sec.
the three men succeeded in persuading seema despite her initial refusal to sit in the car and to go for a short pleasure trip in it on the definite assurance that she will soon be reached home.
leave to appeal against only that part of the judgment and order of the high companyrt of madhya pradesh by which his sentence of one years rigorous imprisonment passed by the additional sessions judge indore upon a companyviction under section 366 indian penal companye was enhanced to seven years rigorous imprisonment and a fine of rs.
k. gambhir for the appellant.
n. shroff for the respondent.
the judgment of the companyrt was delivered by beg j. shiv govind the appellant has obtained special.
