GOPI BAI Vs. STATE OF M.P.

JUDGEMENT

(1.) Present Criminal Appeal under sec. 374 of Code of Criminal Procedure,1973 (in short "Cr.P.C" ) has been preferred against the judgment dtd. 16/10/1999 passed by the 3rd Additional Sessions Judge, Khargone (West Nimad) in Sessions trial no. 205/1997, whereby, the appellants have been convicted for the offence under Sec. 363 and 366 of Indian Penal Code, 1860 ( for shot" IPC") and sentenced to undergo five years RI with fine of Rs.100.00 on each count with usual default stipulation under each sec. .

(2.) Prosecution case in short is that on 01/12/1996, complainant Kalabai lodged FIR at police station- Mengaon stating that his minor daughter/prosecutrix was missing from home. She searched her everywhere, but in vain. On the basis of which, the police registered missing person report no. 11/1996. During investigation, the police recovered the prosecutrix from the possession of Kishanlal. She disclosed that the accused person abducted and took her to Jodhapur and kept in the house of Kishanlal. Accordingly, offence under Sec. 363 and 366 of IPC was registered against the accused persons. The prosecutrix was sent for medical examination. After completion of investigation, the police filed charge-sheet against all the appellants before Chief Judicial Magistrate, Khargone, who committed the case to the Court of Session, which was later on transferred to 3rd Additional Sessions Judge, Khargone for trial. The trial Court, on the basis of the allegation made in the charge-sheet, framed the the charges under Sec. 363 and 366 of IPC.

(3.) All the appellants abjured their guilt and pleaded innocence in the trial Court. In order to bring home guilt, the prosecution examined as many as seven witnesses and placed EX P/1 to Ex-P/9 on record. Defence of the appellant/s was of false implication, but the accused person/ appellant did not examine any witness as defence witness. The trial Court, after considering the submissions advanced by learned counsel for the parties and scrutinizing the entire evidence available on record, convicted and sentenced the appellants as referred herein above.