BHAGBALI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a jail appeal preferred by the appellant against the judgment of conviction and order of sentence dated 5.11.1997 passed by the Additional Sessions Judge, Baloda Bazar, Distt. Raipur, in S.T.No.11/ 97, convicting the appellant under Sections 363 and 366 of the Indian Penal Code and sentencing him to undergo RI for 3 years, to pay a fine of Rs. 1,000 and in default thereof, to undergo additional RI for 6 months on both counts. In addition thereto, the appellant has been convicted under Section 376(1) of the IPC and sentenced to undergo RI for 7 years, to pay a fine of Rs.5.000. in default thereof, to undergo additional RI for 1 year. All the sentences have been directed to run concurrently.

(2.) Case of the prosecution, in brief, is that on 3.6.1996. the prosecutrix (PW4). aged about 15 years, had gone to market alongwith he? mother Khorbahnnbai (PW 2). Khorbahrinbai (PW 2) asked the prosecutnx to bring bidi from the appellant, whereupon the prosecutrix brought bidi from the appellant and gave it to her mother. Thereafter, the prosecutrix having informed her mother Khorbahrinbai (PW 2) that the appellant is calling her, went to the appellant. However, even after waiting for one hour, when the prosecutrix did not return, Khorbahrinbai (PW 2) returned home, assuming that the prosecutrix might have stayed somewhere with her acquaintances. When the prosecutrix did not return in the night, she was searched in the village, enquiry was made from the relatives as also in Village Tohdi of the appellant, but she could not be traced. Thereafter, a report (Ex.P2) was lodged in Police Station Bhatapara (Rural) on 23.6.1996 by Bisalik Nishad (PW3), father of the prosecutrix, against the ap pellant with the allegation that the appellant has eloped with the prosecutrix on the enticement of marriage. The FIR was registered by PW9 Krishna Pandey. the then Station House Officer, and thereafter, the investigation was commenced,

(3.) Krishna Pandey (PW9), the SH0, having obtained permission from the Sub-Divisional Magistrate for medical examination of private part of the prosecutrix, sent the. prosecutrix to Dr. Smt. Resta Chaba (PW1), who, aftermedi-cal examination, gave the report of Ex. PI. The appellant was also got medically examined by Dr. Rajesh Awasthi (PW 5) and his medical re- port is Ex. P6. Birth certificate of the prosecutrix was seized from Sukhdas, Kotwar (PW 8) as per Ex. P7. During investigation, statements of Khorbahrinbai, Bali Kenwat, the prosecutrix, Pardeshi and Teejkunwar were recorded by the investigating officer Krishna Pandey (PW9). Af ter completing investigation, charge sheet was filed against the appellant for the offence punishable under Sections 363. 366 and 376 of the IPC before the Additional Chief Judicial Magistrate. Balouda Bazar, who. in turn, committed the same to the Court of Sessions Judge, Raipur, from where it was received on transfer by the Additional Sessions Judge for trial.