Indian Penal Code, 1860
Section 366—Kidnapping, abducting or inducing woman to compel her marriage etc.—Proof—Circumstances on record as well as statement of witnesses point out that appellant along with co-accused shared common intention to take away the prosecutrix from lawful custody of her mother—Mother of victim belong to poorest strata of the society and appellant and co-accused took the advantage of the same—Incident which had taken place three years back could not have been the motive for falsely implicating the appellant in the offence in question—Even otherwise, the chain of events and evidence is complete, there is no discrepancy or contradiction on record—Prosecution has succeeded in proving beyond reasonable doubt regarding the offence committed by appellant and co-accused—Present case is not one where leniency can be extended to the accused/appellant, only because the case could not be heard for last many years—High Court, however, considering the present family circumstances of appellant, her age and fact that she is not involved in any other case, holds that ends of justice would be met if the appellant is sentenced to the extent of reducing the sentence of three years to one year—Benefit of section 428 of CrPC extended to the appellant—Sentence of fine increased from rupees one thousand to rupees ten thousand—Order on sentence modified to such extent.
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