MAHESH Vs. STATE OF M P

JUDGEMENT

(1.) The applicant/accused has filed this appeal under Section 374 Cr.P.C. being aggrieved by the judgment dated 07.10.1996 passed by Sessions Judge, Dewas, in Sessions Trial No.22/95, convicting and sentencing the appellant for offence under Section 363,366 and 376 of IPC with direction to undergo 3 years rigorous imprisonment in the first count, 5 years in the second count and 7 years in the last count.

(2.) The facts giving rise to this appeal in short are that on 06.04.1994 at about 2.30 when the complainant Ashabai came back to her home from outside, then she found her both the daughters Umabai and Nirmalabai are missing. Thereafter she started searching them, but they were not found, on which a report of missing person was lodged by the Police Kotwali on 13.04.1994. In the course of enquiry, it was found that the appellant, who was also the tenant of the complainant, had taken away her daughters by misguiding them and also committed rape with Nirmalabai, one of the daughter of the complainant on which Crime no.289/94 was registered against the appellant for the offence of Sections 363, 366 and 376 of the IPC.

(3.) After holding investigation, appellant was charge sheeted for such offence. After committing the case to the sessions Court, on evaluation of the charge sheet, the charge of the aforesaid offence were framed against the appellant. He abjured the guilt, on which after holding the trial, the trial Court on appreciation of the evidence on record held appellant guilty for the aforesaid Sections and also punished with the sentence as stated above. Thereafter, the appellant has come to this Court with this appeal.