AMARJEET DOHAR @ DHARMENDRA Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred by the appellant being aggrieved by judgment dated 5.2.2010 passed by First Additional Sessions Judge, Satna in S.T. No. 65/2008 whereby the appellant has been convicted under Sections 363, 366, 376 of the IPC and sentenced to R.I. for 3 years with fine of Rs. 500/-, R.I. for 7 years with fine of Rs. 500/- and R.I. for 7 years with fine of Rs. 500/- respectively with default stipulations.

(2.) The facts, in short, giving rise to this appeal are that on 10.12.2007, Brijmohan Kewat (PW-1) had lodged a missing report of his daughter/prosecutrix to the effect that in the morning she had gone to answer the call of nature but she did not come back to home. He was suspecting that the appellant has abducted his daughter because he used to make telephone calls to her. Initially missing report was registered at Raznamcha Sanha No. 781 at P.S. Kolgavan, District Satna, thereafter during enquiry, on 16.12.2007 the prosecutrix was brought to the Police Station and her statement was recorded. She alleged that the appellant had kidnapped her, took her to Ramvan, Maihar and Kalhora and committed rape on her. On the basis of aforesaid statement, offence under Sections 363, 366, 376 of the IPC was registered against the appellant. The appellant was arrested and charge sheeted before JMFC, Satna, who in turn, committed the case to the Courts of Sessions.

(3.) Learned First Additional Sessions Judge, Satna framed the charges under Sections 363, 366, 376 of the IPC against the appellant.