GANPAT Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal being aggrieved by the judgment and conviction passed by Ist Additional Sessions Judge, Hoshangabad in S.T. No. 3/94 vide impugned judgment dated 22/01/99 whereby being convicted u/s 363 of IPC, he has been sentenced to undergo RI for 3 years with fine of Rs.250/- in default to suffer further RI for 1 month.

(2.) As per the prosecution case father of prosecutrix was living in Awas Colony Babai District Hoshangabad. On 7/07/92 he with his wife Tulsa Bai were gone to their agricultural field and in his house his father and two children were living. In the evening at 5 PM when he returned from agricultural field, his daughter Rajjo Bai was not present in the house. He searched her and thereafter, lodged report in police station Babai and on his report a case of 'Gum Insan' has been registered. On 5/03/93 prosecutrix Rajjo Bai was found alongwith appellant in his village Deorikala. Completing the investigation, appellant was charge sheeted u/s 363, 366, 376 of IPC.

(3.) Learned counsel for appellant Shri Shukla has submitted that he is only challenging the quantum of sentence.