KRISHNARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 15.5.1998 passed by the Additional Sessions Judge, Jashpurnagar in Sessions Trial No. 61/1998 convicting the accused/Appellant under Section 376 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for seven years and pay fine of Rs. 500 in default of payment of fine to undergo rigorous imprisonment for two months.

(2.) Case of the prosecution in brief is that on 27.4.1996 a missing report was lodged by Firish Ram (PW-2) - the father of the prosecutrix alleging that on 25.4.1996 when he and his wife had gone to the jungle to collect fire wood, prosecutrix (PW-1) was in the house along with her brother and when he returned home in the evening, he found the prosecutrix missing. It is alleged that he was informed by his son that the prosecutrix had gone along with the accused/Appellant and when he enquired the accused/Appellant he informed him that the prosecutrix had gone to the house of one Akbar to attend marriage. Thereafter, she was recovered from the house of her uncle Ghurvat (PW-3) on 29.4.1996. Her statement was recorded on 30.4.1996 and FIR Ex. P-6 was registered on the same day for the offences under Sections 363, 366 and 376 IPC. She then was medically examined by Dr. R. Toppo (PW-6) on 2.5.1996 who gave her report Ex. P-3. After investigation, challan was filed on 1.11.1996 for the offences under Sections 363, 366 and 376 IPC.

(3.) So as to hold the accused/Appellant guilty, prosecution has examined 10 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 charges levelled against him and pleaded his innocence and false implication in the case.