MANHARAN Vs. STATE OF M P

JUDGEMENT

(1.) PRESENT appeal has been filed by the appellant aggrieved by his conviction under Section 363, I. P. C. and sentence of 3 years R. I. .

(2.) PROSECUTION case briefly stated is that on November 9, 1987, Munni @ Bhuneshwari was taken away from the guardianship of her father. Thus, an offence under Sections 363 and 366 of the Indian Penal Code was committed. In addition, charge under Section 376 I. P. C. was also levelled on the accused Manharan. Ramadheen, the father of Munni was sleeping in the night in his house alongwith other family members. Prosecution alleges that in the midnight, accused Manharan enticed away Bhuneshwari, aged about 14 years, and took her away to his house. Report, Ex. P-3 of the incident was lodged. General diary entry was made at serial No. 210 on November 10, 1987. Munni @ Ku. Bhuneshwari was sent for radiological examination and doctor, as per report Ex. P-6, determined that her age was 16 years at the relevant time.

(3.) ACCUSED abjured the guilt and contended that they were falsely implicated.