RAJA BABU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 29.10.1996 passed by the learned Additional Sessions Judge Khurai, District Sagar in S.T. No.227/94, whereby the appellant was convicted for the offences punishable under Sections 363 & 366 of IPC and sentenced for four years' R.I. with fine of Rs.1,000.00 and five years' R.I. with fine of Rs.1,000.00 respectively. In each default of payment of fine, three months' S.I. was directed.

(2.) THE prosecution's case, in short is that, on 23.6.1994 at about 5:00 a.m. in the morning, Asha Bai (PW-6) mother of the prosecutrix found that the prosecutrix was not on bed. In the morning, Asha Bai, her husband Krishna Kumar (PW-5) and brother-in-law Nand Kishore (PW-4) tried to search the prosecutrix, but they could not get any indication about the elope of the prosecutrix. Nand kishore had lodged a written report Ex.P/3 in that respect before the S.H.O. Bina. In the evening, one Sanjeev Yadav came from Sagar, who was inquiring about the house of the appellant and therefore, he was taken by Nand Kishore, Krishna etc. with him to the Police Station and he had informed that the appellant and the prosecutrix were residing in the house of aunt of the appellant at Sagar and thereafter, the prosecutrix as well as the appellant were brought back to the Police Station, Bina. A case was registered. After due investigation, a charge sheet was filed before the J.M.F.C. Bina, who committed the case to the Sessions Court, Sagar and ultimately it was transferred to the Additional Sessions Judge, Khurai.

(3.) THE learned Additional Sessions Judge after considering the evidence adduced by both the parties, convicted the appellant for the offences punishable under Sections 363 & 366 of IPC and sentenced as mentioned above.