AMARSINGH Vs. STATE OF M P

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence passed by Sessions Judge, West Nimar, Mandleshwar in Sessions Trial no. 237/97 accused/appellant has preferred this appeal under Section 374 (2)of the Code of Criminal Procedure, 1973.

(2.) THE facts shorn of unnecessary details lie in a narrow compass that Premlibai aged 15 years was residing under the guardianship of his father ambaram. In the night of 21-2-1997 she came out of her house to ease but as she did not come back, Ambaram (the father of the prosecutrix) searched her and ultimately on 22-2-97 lodged a missing person report in the concerning police station. In course of the investigation of missing person, it came in the knowledge of the Investigating Agency that the prosecutrix is residing in the house of the accused and eventually on 12-4-97 she was recovered from the house of the accused.

(3.) THE prosecution agency thereafter recorded the statement of the prosecutrix in which it was found that she was kidnapped on the date of the incident and thereafter was carried to several places by the accused during that period he committed rape over her. Ultimately the accused brought the prosecutrix at Village Salipura and from where she was recovered by the police. The police registered a case under Sections 363, 366 and 376 of the Indian penal Code (hereinafter referred to as 'the IPC) against the appellant. He was arrested and was put to medical examination. The prosecutrix Premlibai was also got examined by the lady doctor. After completion of the investigation, a charge- sheet was filed against the accused in the Competent Court which committed the case to the Court of Session where the case was tried.