SAMUEL BADA Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 01.05.1998 passed by Additional Sessions Judge, Baikunthpur District Sarguja in Sessions Trial No. 348/1997 convicting the accused/appellant under Section 363 IPC and sentencing him to undergo R.I. for three years and pay fine of Rs. 1000/-, in default of payment of fine to further undergo R.I. for one year. Case of the prosecution in brief is that on 20.10.1997 written report - Ex. P-1 was lodged by Chonhus Ekka (PW-2) - father of the prosecutrix (PW-1) alleging that on 7.10.1997 his daughter (prosecutrix) had left her house without informing anyone and on enquiry being made it was revealed that accused/appellant who lived in the same village was also missing. During search, on 20.10.1997 the prosecutrix returned home and on being asked she informed that as her marriage was fixed in village Khala against her wishes, she eloped with the accused/appellant and stayed in the house of one Aman. It is further alleged that prosecutrix informed his father that she was in love with the accused/appellant but he did not make any physical relations with her. Based on this written report, FIR Ex. P-2 was registered against the accused/appellant for the offences punishable under Sections 363 and 366 IPC. After completion of investigation, charge sheet was filed by the police on 10.11.1997 under the same sections. Court below, thereafter also framed the charge for the offences as mentioned in the FIR and the charge sheet.

(2.) In support of its case, prosecution has examined 09 witnesses. 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.

(3.) After hearing the parties, the Court below acquitted the accused/appellant of the charge under Section 366 IPC but convicted and sentenced him as mentioned in paragraph No. 1 of this judgment.