MANOJ SAHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of Cr.P.C. is preferred by the accused/appellant being aggrieved by the judgment dtd. 13/12/2019 passed by Sessions Judge, Umariya, in S.T. No. 59 of 2017 (State of MP Vs. Manoj Sahu), whereby appellant has been convicted for commission of offence under Sec. 363 of IPC and has been sentenced to undergo rigorous imprisonment for two years and fine of Rs.500.00, with default stipulations.

(2.) The prosecution case in brief is that on 14/9/2016 at about 02:15 p.m. Moorat Prasad Sahu (PW-1) R/o village Ratheli, P.S. Umariya District Umariya (M.P.) appeared at P.S. Umariya and lodged First Information Report, stating that he is a resident of Village Ratheli and is a farmer and labour. He is blessed with two sons and two daughters. His younger daughter Rinki is studying in Government Higher Secondary School, Karkeli in class-XIIth. Daily she used to go to school from home. On 12/9/2016, she after having meal at around 09:00 A.M. left for school but did not return home till evening. He searched his daughter in all his relative's house and at Karkeli and Umariya but he could not trace his daughter. His daughter is 17 years 06 months old. Her complexion is fair, her height is 05 ft. She is wearing blue kurta and white salwar of school dress and is also wearing white color shoes. She speaks Hindi and local language. It appears that someone has lured away his daughter. Manoj Sahu S/o Sudama Prasad Sahu of his village is also not in his home from the same day. He suspected that Manoj has kidnapped her daughter.

(3.) On the basis of above narration given by Mooratlal Sahu (PW-1), FIR (Ex. P-1) was registered in P.S. Umariya at FIR No. 461 of 2016 for commission of offence under Sec. 363 of IPC. After investigation charge-sheet was filed against accused before the Court of learned C.J.M., Umariya, who in his turn committed the case to the Court of Sessions.