RUKHADIA Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30-9-1988 passed by the Sessions Judge, Dhar in Sessions Trial No. 147 of 1988 whereby the appellant, aged 55 years, has been convicted under Sections 363 and 376 of the I.P.C. and has been sentenced respectively to R.I. for 5 years and 7 years, sentences to run concurrently.

(2.) It is not in dispute that the prosecutrix Manibai (P.W.2) who is a Banjaran had lived with the appellant for about 3 years prior to her recovery from him on 17-3-1988.

(3.) According to the prosecution on 31-3-1985 when the prosecutrix, then a minor girl, was working as labourer in Pithampur, the appellant who too was working there along with Savitribai (P.W.6), took her with him on the pretext that Savitribai was his daughter and was going to see a film at Mhow and she might also accompany him. The prosecutrix's father had allowed her to go with the appellant to see film at Mhow. When she did not return it was reported to the police that she was missing.