SURESH Vs. STATE OF M P

JUDGEMENT

(1.) The Appellant/accused has directed this appeal under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment dated 24-9-2003 passed by First Additional Sessions Judge, Guna in Session Trial No. 341/1997 whereby extending the acquittal to the Appellant from the charge of Sections 376 and 506-B of the IPC, he has been convicted and sentenced under Sections 363 and 366-A of the IPC with a direction to undergo for 5 years' RI only under Section 366-A in the major Section with fine of Rs. 1.000/- and default of depositing such a fine, further three months' RI has been awarded.

(2.) The facts giving rise to this appeal in short are that on 29-9-1997 Janakdulari d/o Daulatram aged 13 years was going to school from her home. On the way, when she was passing in front of the shop of the Appellant, she was called by him on shop and under criminal intimidation she detained there up to 9.00 p.m. in the night, thereafter he took her to some well situated at some fields. On the date of incident, the father of the victim was not at their residence but on his coming when the victim did not return to her home up to the evening, then her brother and father tried to trace her out, but could not get success, on which a missing person report in this regard was lodged with police out post Maksudangarh on 30-9-1997. It is also the case of the prosecution that on the same nigh of the incident the prosecutrix under some criminal intimidation to kill her was taken by the Appellant to Village Baskhedi and thereafter by bus to Bhopal, where he could not make the arrangement to stay on which, they came back to Village Baraoda, where by keeping her at some field she was subjected to rape by the Appellant. The Appellant also told her that after performing the Court marriage with her at Raghogarh he will keep her as his wife. But before such marriage, on receiving information by the Police, the prosecutrix was recovered from such field and the custody of the Appellant. Thereafter, a crime was also registered against the Appellant for the offence under Sections 363, 376, 342 and 506-B, IPC. After recording interrogatory statements of the witnesses and holding the investigation the Appellant was charge-sheeted before the Competent Court, from where the case was committed to the Session Court.

(3.) Taking into consideration the papers of the charge-sheet and the Police Report, the charges under Sections 363, 366-A, 376 and 506-B of the IPC were framed against the Appellant on which he abjured the guilt. Thereafter, the trial was held, in which after recording evidence on appreciation of the same by holding the age of prosecutrix between 16 to 18 years, the case was held to be a case of consent and in such premises, the Appellant was acquitted from the charge of Sections 366 and 506-B of IPC, while in view of aforesaid the age of prosecutrix between 16 to 18 holding the Appellant guilty for the offence under Sections 363 and 366-A of IPC, he was sentenced in the major Section, i.e., 366-A with the punishment as stated above, the same is under challenge in this appeal.