PRATHAP Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The Appellant/A.1 has preferred the instant Criminal Appeal before this Court as against the Judgment dated 18.04.2016 in S.C.No.21 of 2014 passed by the Learned Sessions Judge (Mahila Court, Fast Track) Udhagamandalam.

(2.) The Learned Sessions Judge (Mahila Court, Fast Track) Udhagamandalam while passing the impugned Judgment in S.C.No.21 of 2014 on 18.04.2016 at Paragraph No.32 had categorically observed that "the Appellant/A1 had kidnapped the 14 years old girl (P.W.2) from the custody of her parents and further P.W.2 was kidnapped without the knowledge of her parents (P.W.1 and P.W.3) and for more than six months kept her under his custody and on numerous occasions forcibly had sexual intercourse with her and also made her pregnant and these offences were proved by the Respondent/Prosecution without contradictions". Further, the Appellant/A.1 was found not guilty in respect of an offence under Section 366A of IPC. Finally, the Appellant/A.1 was convicted and sentenced to undergo Two Years Rigorous Imprisonment in respect of an offence under Section 363 of IPC and also he was imposed with a fine of Rs.5,000/-, in default of payment of fine, he was directed to undergo further six months Simple Imprisonment.

(3.) In regard to the offence under Section 376(1) of IPC was concerned, the Appellant/A.1 was found guilty in respect of that offence and he was convicted and sentenced to undergo Seven Years Rigorous Imprisonment and further he was directed to pay a fine of Rs.5,000/-, in default of payment of said fine amount, he was directed to undergo Two Years Simple Imprisonment. The sentences were ordered to run concurrently. However, the Appellant/A.1 was found not guilty in respect of an offence under Section 366A read with 109 of IPC and therefore he was acquitted under Section 235(1) of Cr.P.C.,