SANJAY ALIAS SANJU Vs. STATE OF MP

JUDGEMENT

(1.) Being aggrieved by the judgment dated 31-12-09 passed by Special Sessions Judge, SC/ST (Prevention of Atrocities), West Nimar, Mandleshwar in S.T. No. 86/09, whereby the appellant was convicted for an offence alleged to have been committed under Sections 363,367 of IPC and sentenced for a period of four years RI and fine of Rs. 2,000/- and in default of payment of fine amount further 12 months imprisonment and under Section 376 (1) of IPC sentence for 10 years RI and fine of Rs. 3,000/- and in default of payment of fine further 30 months imprisonment, the present appeal has been filed.

(2.) In short, the case of prosecution was that on 26-2-09 an FIR was lodged by one Narayan to the effect that Vidyabai is his wife and Pooja is his daughter who left the house on 24-2-09 at about 6.00 p.m. alleging that she is going to meet her friends. It was alleged that since Pooja has not returned back, therefore, search was made. Upon complaint of Narayan, case was registered at Crime No. 4/09 and on 24-3-09 Pooja came to the Police Station alongwith her parents and narrated the entire story how she was abducted and raped by the appellant. After investigation, challan was filed and after framing of charges and recording of evidence appellant was convicted as stated above, against which present appeal has been filed.

(3.) Learned Counsel for appellant argued at length and submits that appellant was convicted illegally while appellant has not committed any offence. Learned Counsel submits that the learned Court below committed error in not properly appreciating the evidence which resulted incorrect judgment and is liable to be set aside in this appeal. It is submitted that the learned Court below committed error in not considering material omissions and contradictions appearing in the testimony of the prosecution witnesses. It is submitted that in view of the aforesaid facts the appeal filed by the appellant deserves to be allowed and the judgment of conviction deserves to be set aside.