AMRIT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal arises out of the judgment and order dated 16.1.1997 passed by Additional Sessions Judge, Sakti, District Bilaspur in Sessions Trial No. 256/1995 convicting the accused/appellant under Sections 363, 366 and 376 IPC and sentencing him to undergo rigorous imprisonment for one year with fine of Rs. 100 u/s 363, rigorous imprisonment for three years with fine of Rs 300 u/s 366 and rigorous imprisonment for five years with fine of Rs. 500 u/s 376 IPC, plus default stipulations.

(2.) CASE of the prosecution in brief is that on 28.2.1995 a missing report Ex. P-6 was lodged by Ramesh Kumar Tiwari (PW- 4) - father of the prosecutrix to the effect that since 27.2.1995 his minor daughter (PW-1) aged about 12 years at that time had gone missing. On 28.2.1995 vide Ex. P-14-A Rojnamcha entry was made in police station Malkharoda and on that day itself the prosecutrix was recovered from Baradwar railway station by her uncle on seeing whom the accused/appellant ran away from the spot. On 8.3.1995 vide Ex. P-15 Dehati Nalisi was recorded followed by FIR (Ex. P- 16) on the same day under Sections 342, 363, 366 and 376 IPC and after completion of investigation charge sheet was filed on 31.3.1995 for the said offences. However, charges were framed by the Court below under Sections 363, 366 and 376 IPC.

(3.) COUNSEL for the accused/appellant submits that statement of the prosecutrix (PW-1) being highly unreliable is not sufficient for upholding the conviction of the accused/appellant. He further submits that the accused/appellant has been implicated in a false case because of an old enmity between the two families.