SHAMBHU Vs. STATE OF M P

JUDGEMENT

(1.) This is an appeal of the year 1999 and by this appeal filed under Section 374 of the Cr.P.C. challenging the judgment dated 27/11/1998 passed by the Additional Sessions Judge Garoth, District Mandsaur in S.T. No.317/1991 convicting the accused appellant Shambhu for offence under Sections 363, 366 and 354 of the IPC and sentenced to undergo 5 years and six months R.I. on each count respectively and fine of Rs.500/- on each count and Rs.200/- respectively, in default of payment of the fine he was to undergo six months and one month's R.I. respectively.

(2.) Brief facts of the prosecution case are that on 21.2.1991 the prosecutrix Mainabai had gone for the labour in the field of one Ramkaran and accused appellant along with the co-accused had kidnapped the minor girl. It is alleged that the co-accused was also working in the field of Ramkaran and she helped in the act of kidnapping. Thefather of the prosecutrix lodged the report at the police station Garoth. The police recovered the prosecutrix from the possession of the co-accused. After completion of the investigation, the police filed the charge for offence under Sections 363, 366 and 354 of the IPC against the accused and committed to his trial. Accused/appellant abjured his guilt and stated that he has been falsely implicated in the matter. However, on the basis of the evidence on record, the trial Court convicted the appellant and sentenced for the offence as herein above indicated. Being aggrieved, the present appeal.

(3.) Learned Counsel for accused appellant has urged that the conviction is contrary to the provisions of law. The Court below has failed to appreciate the evidence and there are material omissions and contradictions in the testimony of the prosecution witnesses, which have not been considered by the trial Court. Counsel further submitted that as per medical report, the prosecutrix was more than 18 years of age at the time of incidence.