OMPRAKASH Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed by the appellant under Section 374 of Code of Criminal Procedure, 1973 against the impugned judgment of conviction and sentence dated 01-11-2003 passed in S.T.No.127/03 by learned Sessions Judge, Morena whereby the appellant has been convicted for the offence punishable under Sections 363 and 366 of IPC and sentenced to undergo 3 years' RI with fine of Rs.250/- and 5 years' RI with fine of Rs.500/- respectively with default stipulation.

(2.) Brief facts in narrow compass are that the prosecutrix (PW-3) {name of prosecutrix is not mentioned to hide her identity) went to appear in the examination of Class -10 th on 26-03-2003 at about 7:30 am and thereafter when her mother went to take her from the school she was not found and after that search has been done with the relatives and thereafter her father lodged the report at police station. The prosecutrix has been found after two days at Gwalior Railway Station and after recording her statement, FIR has been registered against the appellant on the ground that he has abducted the prosecutrix and took her Gwalior from Morena and committed rape on her. After filing the challan, appellant has been tried for the charges mentioned in paragraph 1 of the judgment and learned trial Court vide impugned judgment has acquitted the appellant for the offence under Section 376 of IPC but convicted the appellant for the offence under Sections 363 and 366 of IPC.

(3.) Feeling aggrieved by the impugned judgment of conviction and sentence, appellant has filed this appeal on the ground that learned trial Court is not justified in convicting the appellant by holding that the prosecutrix was minor and learned trial Court is not justified in overlooking the evidence of doctor according to which the age of prosecutrix was more than 18 years. Further learned trial Court is not justified in believing the unreliable testimony of the prosecutrix herself.