MAN SINGH GOND Vs. STATE OF M.P.

JUDGEMENT

(1.) ON BOARD - This appeal is directed against the judgment and order dated 31.08.1999 passed by Additional Sessions Judge Baloda Bazar, District Raipur in Sessions Trial No. 296/1990 convicting the accused/appellant under Sections 363, 366 and 376 IPC and sentencing him to undergo rigorous imprisonment for three years with fine of Rs. 500/- under section 363; rigorous imprisonment for five years with fine of Rs. 500/- under section 366 and rigorous imprisonment for seven years with fine of Rs. 1000/- under section 376 IPC, plus default stipulations.

(2.) Case of the prosecution in brief is that on 17.07.1990 the accused/appellant eloped the prosecutrix (PW-3) and ultimately she was recovered from Dongargarh in the company of accused/appellant on 28.07.1990. During this period they visited various places such as Bilaspur, Howra, Bhilai, Durg, Rajnandgaon etc. On 28.07.1990 FIR Ex. P-16 was lodged by father of the prosecutrix namely Ganesh Prasad Tiwari alleging that the accused/appellant allured away his daughter (prosecutrix). Based on this report, offence under Sections 363 and 366 IPC was registered against the accused/appellant. She was medically examined by Dr. (Smt.) Vrinda Mandge (PW-16) who gave her report Ex. P-16-A. Prosecutrix was also examined radiologically by Dr. S.C. Vishnoi (PW-16) vide x-ray report Ex. P-17. Accused/appellant also underwent medical examination by Dr. P. Mukundan (PW-8) vide report Ex. P-7. After completion of investigation, charge sheet was filed by the police for the offence punishable under Sections 363, 366 and 376 IPC followed by framing of charges accordingly.

(3.) So as to hold the accused/appellant guilty, prosecution has examined 18 witnesses in support of its case. Statement of the accused/appellant was also recorded under section 313 of the Code of Criminal Procedure, 1973 in which he denied the charges levelled against him and pleaded his innocence and false implication in the case.