JIVAN Vs. STATE OF.M.P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment impugned dtd. 22/4/1999 passed by the Additional Sessions Judge, Bilaspur, Link Court, Pendra Road in ST No. 103/97, convicting and sentencing the accused/appellants as under:-

(2.) Prosecutrix (PW-1) first was married to one Raysingh and thereafter started living with one Naryan Pandit to whom she even became pregnant. Facts of the case in brief may be narrated thus:-

(3.) On 21/10/1996 at about 5 PM the prosecutrix (PW-1), according to the case of the prosecution, had gone to watch Dussehara festival but did not return home, nor was located even after extensive search. However, on 6/11/1997 (it should have been 6/11/1996) she returned home and on being asked by her father Sukhdev (PW-2) she disclosed to him that accused Chanda first allured her of getting her married to a rich person but she ignored her proposal. Thereafter, accused/appellant Chanda took her to village Amarpur where accused Billu and Jivan were also present and confined her in a house for 7 days without permitting her to get out of the house. Thereupon, she was taken by them to village Jorabhind in a train and sold her out to accused/appellant Baniya for Rs.10,000.00 who too kept her with him for about 7 days and during this period he made physical relations with her. Subsequently, she somehow wriggled out of the custody of accused Baniya, came back to her house and narrated the entire incident to her father (PW-2) who eventually lodged FIR (Ex.P-2). After completion of investigation including medical examination of the prosecutrix, challan was filed against the accused/appellants followed by framing of charge under Sec. 376 against accused Baniya; under Ss. 366 and 343 of IPC against accused Jivan, Chanda Bai and Billu. Accused Billu however died during pendency of appeal and the appeal on his behalf has already abated.