NARENDRA @ PAPPOO Vs. STATE OF M P

JUDGEMENT

(1.) This is an appeal preferred by the appellant feeling aggrieved against the judgment dated 20/01/1996, delivered by the then 2nd Addl. Sessions Judge, Katni in Sessions Trial No. 637/93 in which appellant has been convicted under Section 363 IPC and sentenced to R.I. for 2 years and fine of Rs.100/- as also under Section 366 IPC and sentenced to R.I. for 3 years and fine of Rs.100/-. In default of payment of fine appellant to further undergo R.I. for one month on each count.

(2.) In nut shell the prosecution story is that on 30.3.93 at about 2.30 PM in Gayatri Nagar appellant abducted/kidnapped Ku. Vinita, a girl aged about 13 years, from the lawful guardianship of her parents and he took her to different places. Report was lodged by Smt. Premvati Soni, mother of minor girl on 31.3.93 at 12.15 PM at PS-Katni where offence under Sections 363,366 IPC vide Crime No. 188/93 was registered against the accused as it was revealed by the companions of the minor that from the school appellant took her and went towards the Jungle.

(3.) Police in the investigation seized birth certificate of Ku.Vinita in which her date of birth was shown as 20.11.1978 vide Ex.P/5-A. Accused was arrested and after usual investigation charge sheet was filed. Case was committed for trial. After due trial 2 nd Addl.Sessions Judge framed charge on 23.12.93 for offence punishable under Sections 363,366 IPC against the appellant.