JAGDISH SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374 of Cr.P.C. has been filed against the judgment and sentence dtd. 16/5/2017 passed by Special Additional Sessions Judge, Chachauda, District Guna in Special Sessions Trial No.73/2014, by which the appellants have been convicted and sentenced as under:-

(2.) The necessary facts for disposal of the present appeal in short are that on 14/5/2014, the complainant lodged a Guminsaan report that his daughter aged about 17 years had left the house on the pretext of going to forest, but has not returned back and accordingly, the Guminsaan report No.22/2014 was registered. During the Guminsaan enquiry, statements of parents of the prosecutrix were recorded, who expressed their suspicion on the appellant no.1. The prosecutrix was recovered. The FIR in Crime No.214/2014 was registered. Spot map was prepared. The statements of the witnesses were recorded and after arresting the accused persons, the police filed the charge-sheet for offence under Ss. 363, 366, 376 of IPC.

(3.) The Trial Court by order dtd. 19/9/2014 framed charges under Ss. 363 or in the alternative 363/34 and 366 or in the alternative 366/34 of IPC against the appellant no.2-Bhanwarlal, whereas framed charges under Ss. 363 or in the alternative 363/34, 366 or in the alternative 366/34, 376 (2) (n) of IPC as well as Sec. 6 read with Sec. 5(L) of POCSO Act, 2012 against appellant no.1-Jagdish Singh.