BACHAU RAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) On the basis of the allegations made by the prosecutrix regarding her being taken away to several places by the accused/appellant Amritlal herein for compelling her to marry, and being forced by others to enter into marriage with him, offences under Sections 363, 366, 109, 34 IPC were registered against him and others vide FIR Ex.P-4. After completion of investigation the charge-sheet was filed under the same sections but learned Court below framed the charge against the accused/appellant herein and others (acquitted subsequently by the judgment impugned) under Section 363, 366 and 109 IPC.

(2.) After examining the evidence on record learned Court below did not find any case being made out against the other accused persons and as such acquitted them of all the charges levelled against them. Even the accused/appellants herein have been acquitted of the charge under Section 363 but have been convicted under Section 366 IPC and sentenced to undergo RI for 7 years vide judgment impugned dated 31.12.1998 passed in Sessions Trial No.288/1994. It is relevant to mention here that accused/appellant Bachauram died during the pendency of appeal and vide order dated 17.10.2019 the appeal against him stood abated.

(3.) Counsel for the accused/appellant submits that the accused/appellant has not committed any offence but has been implicated in a false case. He submits that the prosecutrix accompanied the accused/appellant of her own without any fear or pressure either by him or any of the accused. He also holds the judgment impugned to be contrary to the evidence of the witnesses regarding her being taken away on the pretext of marriage. According to him, the prosecutrix herself has stated in her evidence that the accused/appellant took her to several places in a truck but she did not make any disclosure to any of the inmates about the act of the accused/appellant which shows that she was a consenting party to his act.