MANGALSING KHUMA MUJALDA Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) None present for the appellant. Shri N.R. Patil, the learned Additional Public Prosecutor for the respondent-State. Criminal Appeal 220/2002 is preferred by Badrya Barela challenging the conviction for offence punishable under sections 363, 366 and 376 read with section 34 of the Indian Penal Code and sentence of rigorous imprisonment for three years and payment of fine of Rs.500/- and Criminal Appeal 212/2002 is preferred by accused Mangalsing Mujalda challenging the conviction for offence punishable under sections 363 and 366 read with section 34 of the IPC and sentence of rigorous imprisonment for three years and payment of fine of Rs.500/-, recorded by the

(2.) nd Additional Sessions Judge, Khamgaon in Sessions Trial 47/2001. Since both the appeals seek to assail the same judgment and order impugned, they heard and decided by this common judgment. 2. The genesis of the prosecution lies in report dated 25.02.2001 lodged by the brother of the prosecutrix Isram Nihalsing Bilala (P.W.1) the gist of which is that P.W.1 is a resident of Mouza Mendhamari. His younger sister is aged 14 to 15 years approximately and is illiterate. The father and mother of P.W.1 had gone to water the field on 20.02.2001 and the rest of the family members were sleeping in the house. The prosecutrix used to sleep alone in one room. On 21.01.2001 the prosecutrix was missing from the house, the family searched for her and came to know that on 20.02.2001 accused Badrya came to the house of one Dhulsing Adiwasi and left during the night. Inquiries with accused Mangalsing revealed that the whereabouts of Badrya was known to Navalsing Adiwasi. P.W.1 states that he suspected that his younger sister (P.W.2) was kidnapped.

(3.) On the basis of the oral report offence punishable under section 363 and 366 of IPC was registered against the accused Badrya.