(1.) By this appeal under Section 374(2) of Criminal Procedure Code, 1973, appellant has challenged the judgment dated 25th of January, 2002 passed by the Additional Sessions Judge, Asdhta, District Sehore in Session Trial No.19/2001 convicting the appellant for offence under Section 363, 366, 376 and 376 of the IPC and sentencing him to imprisonment for life.
(2.) The prosecution story is that the appellant is son of Kamla Bai's Uncle and was residing in her house for last two months. On Wednesday, Kamla Bai had gone out of the house to work as a labour and the appellant was in the house with the children. In the evening when Kamla Bai came back, she found that her son Babu aged about 5 years, daughter Akeela Bai aged about 8 years and Sarju Bai aged about 10 years were missing. She had lodged the missing report on 14.09.2000 vide Exhibit P/23 in Police Chowki, Mehatwada, Police Station, Jawar and had expressed the suspicion that the appellant had taken those children. The children were recovered from the custody of the appellant on 13.11.2000. On inquiry, Akeela Bai and Sarju Bai had disclosed that the appellant used to commit rape upon them.
(3.) The trial court after appreciating the occular as well as the documentary evidence had found that the offences against the appellant were proved and; accordingly' convicted and sentenced the appellant in the manner indicated above.