INDAL SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has preferred this appeal against the judgment dated 6th November 1996, passed by Sessions Judge, Mandla, in Sessions Trial No. 66/1987, convicting the appellant under Sections 366-A and 376 of the Indian Penal Code and sentencing him to rigorous imprisonment for three years, on each count respectively. Both the sentences have been directed to run concurrently. In short, the prosecution case is that on 14.6.1985 appellant went to the house of prosecutrix when her parents were not present and told to her that her mother was seriously ill and her father had taken her to Jabalpur. He also told her that her father had called her with money. Father of the prosecutrix viz. Sudarshan, who was a Patwari, had kept Rs. 30,000/- in a box for the marriage of the prosecutrix. Prosecutrix took that money and went with the appellant. He took her by bus to Niwas, Shahpura and kept her in a lodge. In the morning, he took her to Shahdol in a bus. Thereafter, he took her to Maihar and told to her that he would marry her. In the night, they stayed at Maihar and then went to Jabalpur. On the next day, he took her to Bhopal and kept her in a rented room. He told to other people that she was his wife. While they stayed at Bhopal, he committed sexual intercourse with her. Sudarshan, father of the prosecutrix, gave a written report on 21.6.1985 to Station Officer of Police Station, Tikariya, that appellant enticed away his minor daughter and also took away Rs 30,000/-.

(2.) In search of prosecutrix, Sudarshan reached Bhopal and found her with appellant. On 28.7.1985, then first information report (Ex.P/7) under Section 366 of the Indian Penal Code was registered at Police Station, Tikariya. Appellant and the prosecutrix were subjected to medical examination.

(3.) Investigating Officer seized a school certificate from the father of the prosecutrix, and after completing the investigation, filed charge sheet in the court.