RAMESH KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is filed under sec. 374 of Code of Criminal Procedure, 1973 against the judgment of conviction and order of sentence dtd. 17/07/1998 passed by 3rd Additional Session Judge, Durg (M.P.) now (C.G.) in Session Trial No. 363/1997; whereby the appellant Ramesh Kumar stands convicted and sentenced as under:- <FRM>JUDGEMENT_110_LAWS(CHH)10_2019_1.html</FRM>

(2.) Case of the prosecution in brief is that on the date of incident i.e. on 13/03/1995 at about 04:10 PM (approx.) the prosecutrix aged about 13 years minor was kidnapped/abducted from her lawful guardianship from Primary School at village Chavni by accused without consent of her parents for marriage. As per Ex. P-4 Rojnamcha, father of the prosecutrix lodged missing report that the prosecutrix went to her school and she did not return on 13/03/1995. As per seizure memo Ex. P-3 School record Dakhila Khariz Register was seized by Investigating Officer and he found the date of birth of prosecutrix as 10/02/1984. After the incident of missing of prosecutrix, on 04/07/1997 FIR was lodged by V.D. Pahade, S.H.O, Jamul. He found during investigation that both accused Ramesh and Gajratan @ Raju had abducted/ kidnapped the prosecutrix from her lawful guardianship and forcibly committed sexual intercourse with the prosecutrix.

(3.) After due investigation charge sheet was filed against both the accused Ramesh Kumar and Gajratan @ Raju under Ss. 363, 366, 376 and 34 of I.P.C.