DNYANESHWAR SUDAMA BHAGAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by accused who was convicted under Section 366-A and 363 of the Indian Penal Code and sentenced to Criminal Appeal No.81/06. 2 suffer imprisonment of five years on both counts.

(2.) The facts giving rise to the prosecution are as under - Prosecutrix Ashwani Solanke at the relevant time was living with her father Haribhau. On 31/7/2004 Haribhau had gone out for work while his wife had gone out to bring her son from the school. She found her daughter missing who was alone at home. She thought that she must have gone somewhere and come back home. Since she did not come back, a report was lodged by Haribhau on 1/8/2004. Again on 5/8/2004 he lodged a report informing the police that he has found a chit written by his daughter in the name of one Vishal and from that he gathered that it was accused Dhyneshwar who had kidnapped her. On this report, the police registered the offence. In the meanwhile, appellant/accused and Ashwini came back to Akola and both of them presented themselves before the Police. The Police arrested the appellant. At the relevant time Ashwini the prosecutrix was only 15 years old. After completion of the investigation the Police filed a charge-sheet.

(3.) The Judicial Magistrate (F.C.) committed the case to the court of Sessions. The Court of Sessions framed the charge against the accused under Section 363, 366-A, 376 of Indian Penal Code. The Sessions Judge, upon consideration of the evidence found the accused guilty under Section 366-A and 376 of Indian Penal Code and sentenced him as stated above. Being aggrieved by that conviction and sentence, this appeal has been preferred.