(1.) Appellant has preferred this appeal challenging his conviction and order of sentence passed by Sessions Judge, Seoni in S.T. No.122/93, decided on 30.04.96.
(2.) Appellant has been convicted under Section 363 of IPC and sentenced to rigorous imprisonment for five years with fine of Rs.5,000/-, in default further rigorous imprisonment for one year, by the impugned judgment.
(3.) According to prosecution, on 21.1.93 the victim girl aged about seventeen years, who was living with her parents in village Pindrai-Kala, was found missing from the house at night. Her missing report was lodged by her father Tarachand with the Police Barghat on 22.1.93. Later on complainant Tarachand came to know that his daughter was seen roaming with appellant Khemraj and his wife Munnibai in Jabalpur. He then informed the Police Barghat on 4.6.93, whereupon after enquiry an offence was registered at P.S. Barghat against the appellant and co-accused Munnibai and was investigated. The victim girl was recovered from the appellant. Her statement was recorded and the victim was sent for medical examination. Appellant was also arrested and sent for medical examination. The vaginal slides of the victim and the seminal slide of appellant Khemraj were sent for forensic examination. The investigation revealed that the appellant and his wife Munnibai used to live in the house of complainant Tarachand at the relevant time and having no children, they induced the minor daughter of the complainant to marry with the appellant and kidnapped her. Appellant Khemraj took the victim to the various places including Jabalpur and also committed rape with her. After due investigation, appellant and co-accused Munnibai were prosecuted under Section 363, 366 and 376/34 of IPC and put to trial.