AMOLIRAM Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27.10.1993 passed by Additional Sessions Judge, Kheragarh, Link Court, Kawardha, in Sessions Trial No. 58/1993 convicting the accused/appellant for the offence punishable under Section 376 IPC and sentencing him to undergo rigorous imprisonment for five years.

(2.) Case of the prosecution in brief is that on 31.10.1992 FIR (Ex.P-9) was lodged by Mehtar Sahu (PW-3) - the father of the prosecutrix alleging that on that day his daughter (prosecutrix PW-2) had eloped with the present appellant. On 4.1.1993 the accused and the prosecutrix returned to their village and the prosecutrix was recovered from his possession. Based on her statement recorded under Section 161 of the Code of Criminal Procedure, investigation was done and challan was filed against him for the offences under Sections 363, 366 and 376 IPC.

(3.) So as to hold the accused/appellant guilty, prosecution has examined 09 witnesses in support of its case. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charge levelled against him and pleaded his innocence and false implication in the case.