RAJENDRA CHARMKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 21.8.2000 passed by the learned First Additional Sessions Judge, Sidhi in S.T.No.129/1999, whereby the appellant was convicted for the offence punishable under section 363 of IPC and sentenced for 3 years' rigorous imprisonment with fine of Rs.5,000.00. In default of payment of fine, 6 months' rigorous imprisonment was also directed in addition.

(2.) THE prosecution's case, in short, is that, on 16.3.1999, at about 8-9 p.m., the prosecutrix (P.W.5) was sitting in her house. Her parents went to Khalihan. The appellant came to the house of the prosecutrix and told her to accompany him. Initially, the prosecutrix refused to go with him. Thereafter, the appellant convince her to go with him and thereafter, the appellant took her to his house. He took a sum of Rs.500.00 from his father and then, he took the prosecutrix to a temple. Thereafter, he took her to village Chadwahi and thereafter to village Jayant. At village Jayant, the appellant committed rape upon the prosecutrix and he kept her in a hut. On third day, some witnesses reached at the spot, where the appellant kept the prosecutrix and therefore, the prosecutrix as well as the appellant were brought to the Police station Behri, District Sidhi, where the complainant Samaylal, father of the prosecutrix had already lodged an FIR. The prosecutrix was directed for her medico legal examination and ossification test. The appellant was also directed for his medico legal examination. After due investigation, a charge-sheet was filed before the Additional Chief Judicial Magistrate, Sidhi, who committed the case to the Sessions Court and ultimately, it was transferred to the First Additional Sessions Judge, Sidhi.

(3.) ON considering the evidence adduced by the parties, the learned First Additional Sessions Judge, acquitted the appellant from the charges of offence punishable under sections 366 and 376 (1) of the IPC but, convicted him for the offence punishable under section 363 of IPC and sentenced him as mentioned above.