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Madhya Pradesh High Court · body

1978 DIGILAW 158 (MP)

Parwat Singh v. State of M. P.

1978-02-24

G.P.SINGH

body1978
Short Note : 1. Having heard learned counsel for the appellant, this Court is satisfied that it was a case of consent and no offence under section 366 of the Code, is made out against the appellant. Bati's story is that she remained in the forest for about 6 or 7 days with the appellant and then she was taken to Sagar where she lived in the house of friend of the appellant for about 3 or 4 days. She has further stated that she was recovered from the house where she lived with the appellant and not from the Motor Stand as deposed by the Sub-Inspector. She has admitted that the Sub-Inspector asked her as to how she was there and she replied that she was living with the appellant Shankar Singh with her consent. It is also admitted by her that, during the pendency of the trial, she was again abducted by the accused-appellants. It is further admitted that she went to Chhatarpur to make a statement before a Magistrate in which she stated that she was not happy with her husband as he used to beat her. She further admitted that for four days she lived at Chhatarpur with Shankar Singh with her consent. It is apparent from the evidence of Bati that she was a willing party and it is not a case of taking away a girl by force. No evidence was produced regarding her age. No case under section 366 is, therefore, made out against the appellant. Appeal partly allowed.