VIKRAM VISHVAKARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 22.01.2010 passed by Sessions Judge, Mahasamund (CG) in Sessions Trial No.68/2009, wherein the said Court convicted the appellant for commission of offence under Section 363 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for four years and to pay fine of Rs. 2000/- with default stipulations.

(2.) As per the prosecution case, on 11.5.2009 the appellant took minor prosecutix (PW-1) or enticed her out of lawful guardianship of the said minor without consent of her guardian namely Dayaram Yadav.

(3.) Learned counsel for the appellant submits that age of the prosecutrix was not proved to be below 18 years on the date of incident, therefore, offence of kidnapping as defined under Section 363 IPC is not made out.