KALLU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has preferred this criminal appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short "The Code") against the judgment dated 27/11/2018 passed by Special/Sessions Judge, District-Jhabua, in Special Sessions Trial No.123/2016, whereby the appellant has been convicted for offence punishable under Section 366 of IPC, 1860 and Section 5(l)/6 of Protection of Children from Sexual Offences Act, 2012 (for brevity 'The Act, 2012') read with Section 376(2)(n) of IPC, 1860, sentenced to undergo 3 years R.I and 10 years R.I with fine amount of Rs.1,000/- & Rs.5,000/- respectively, and usual default stipulation.

(2.) Brief facts of the case are that complainant is a resident of village Samoyi and he is a labourer having five children. After leaving his second daughter (the victim) with his father in the village, complainant along with his wife went to Gujarat to work. On 06/02/2016 complainant's father called him over mobile and informed that from 7.30 pm onwards, the prosecutrix is found missing and the present appellant who is the resident of the same village is also found missing. Complainant went to his village, searched the prosecutrix in the neighbourhood and relatives place, however she was not traceable. Therefore, on 13/02/2016, complainant lodged a report at Police Station Ranapur, District Jhabua. On the basis of which Police registered FIR bearing crime No.49/2016 against the appellant for offence under Section 363 of IPC, 1860.

(3.) During investigation, police recovered the prosecutrix from the company of the appellant and her statement was recorded in which she stated that appellant took her forcefully and committed rape upon her. The prosecutrix was sent to hospital for medical examination. The statement of other witnesses were also recorded. Police inspected the place of occurrence and prepared the spot map. The appellant/accused was arrested and he was also sent to hospital for medical examination. Police recovered various article received from the hospital in sealed condition and sent them to FSL for chemical analysis. After completion of investigation, Police filed charge-sheet against the appellant for offence under Section 363, 366, 376(2)(n) of IPC, 1860 read with Section 5 (l)/6 of 'The Act, 2012'.