RAMESH KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have preferred this appeal under section 374(2) of Cr.P.C. being aggrieved by judgment dated 28.4.1995 passed by Additional Sessions Judge, Maihar, District Satna in S.T.No. 163/1994 whereby the appellants have been convicted under section 376(2)(g) of IPC and sentenced to R.I .for 10 years.

(2.) The prosecution case, in short, is that on 4.6.1994 Rajararn, father of prosecutrix lodged a report at P.S. Amdara that this daughter Laxmi Bai (PW-5)left the house by saying that she is going to her elder father at Katni .On being enquired from the Railway station, he came to know that Laxmi Bai had gone with daughter of Maiyadeen ,father of appellant No.l Ramesh. When Rajararn asked Mayadeen about her daughter, he did not say anything in regard to prosecutrix .thereafter during investigation, it was found that appellant No.l Ramesh abducted the prosecutrix and she was found in possession of appellant No.lRamesh on 7.6.1994 at Railway Colony, Pakaria. She was sent for medical examination Appellants were arrested, they were also subjected to medical examination.

(3.) After usual investigation, appellants were charge sheeted before Additional Chief Judicial Magistrate, Mahiar , Who committed the case to the Court of Sessions. The learned Additional Sessions Judge farmed the charges under sections 363,366 and 376(2)(g)of IPC against the appellants.