SANTOSH @ CHUMMAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Section 374(2) of the Criminal Procedure Code has been filed by the appellant/accused being aggrieved by the judgment and finding dated 03.01.2015 passed by the learned II Additional Sessions Judge, Chhatarpur, District-Chhatarpur in Session Trial No.264/2013, whereby the appellant/accused has been convicted under Sections 366 (A) and 376(1) of the IPC and awarded sentences for 10 years' R.I. in each offence with fine of Rs.2,000/- and 3,000/- respectively.

(2.) According to the case, on 23.05.2013, the complainant (father of the prosecutrix) lodged a missing complaint (Ex.P/17) of his daughter i.e. prosecutrix mentioning therein that on 22.05.2013 at about 12:00 noon, the prosecutrix went outside the house to bring water but she did not return back. During investigation, it was revealed that the appellant kidnapped the prosecutrix cajolingly and took her in his motorbike. The appellant got arrested. Medical examination of prosecutrix (Ex.P/8) was also conducted wherein she was found to be subjected to rape by the appellant. Therefore, the police has registered the FIR (Ex.P/11) for offences under Sections 363, 366-A, 376(1) of IPC as well as Section 4 of the POCSO Act.

(3.) After completing the investigation, the police filed the charge-sheet. The appellant/accused abjured his guilt and claimed for trial, therefore, the trial Court proceeded further and recorded the statements of 14 prosecution witnesses as well as 1 defence witness and also recorded the statement of appellant/accused under Section 313 of the Cr.P.C.