GANESH KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) The present appeal arises out of the impugned judgment of conviction and order of sentence dated 28.05.1999 passed by the learned Additional Sessions Judge, Khairagarh, Sessions Division Rajnandgaon (M.P.), in S.T. No. 171/1998 whereby, the learned Additional Sessions Judge has convicted and sentenced the appellant as under :-

(2.) Brief facts of the case are that on 27.04.1998 Gurucharan (PW-2) lodged a complaint to the effect that his daughter aged about 15 years has been found missing and he was suspecting that the appellant might have abducted her. After registering the missing report under Rojnamcha Sanha Number 822, the police of Chilphi, police station made search and she was recovered from the house of the accused at village Basni. It is the case of prosecution that the prosecutrix was a student of Class V in Chilphi School. On her way to school, the accused used to tease her later on she fell in love with him. The prosecutrix, being a minor, was allured by the accused and on the date of incident i.e. 26.04.1998, she escaped from her house along with the accused to village Basni. After investigation charges-sheet was filed and charges were framed under Ss. 363, 366 and 376 of IPC.

(3.) So as to hold the accused/appellant guilty, the prosecution has examined as many as 6 witnesses.