SHIVCHARAN ALIAS JARHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 12.9.1996 passed by Additional Sessions Judge, Ambikapur, District Sarguja in Sessions Trial No. 159/1993 convicting the accused/appellant under Sections 363, 366 and 376 IPC and sentencing him to undergo rigorous imprisonment for five years under Section 363 and rigorous imprisonment for seven years with fine of Rs. 1,000 under Sections 366 and 376 IPC each, plus default stipulations.

(2.) Facts of the case in brief are that on 7.9.1991 FIR Ex. PI was lodged by Elthoris Tigga (PW2) cousin of the prosecutrix alleging that he had left the prosecutrix (PW1) aged about 14 years in the house of one Alaxendor (PW-3) for the purpose of household work and pursuing studies. On 16.8.1991 he was informed by Alaxendor (PW3) that the prosecutrix had left his house without informing him. Allegedly, while searching for her, he came to know that after being allured the prosecutrix had gone to the house of accused/ appellant and was living with him. The prosecutrix was recovered on 15.9.1991 from the house of the accused/appellant vide recovery memo Ex. P19. Based on this report, offences under Sections 363 and 368 IPC were registered against the accused/appellant. After investigation, charge-sheet was filed by the police on 31.12.1991 for the offences under Sections 363, 366 and 376 IPC.

(3.) In support of its case, prosecution has examined 9 witnesses. Statement of the accused/ appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charge levelled against him and pleaded his innocence and false implication in the case.