SUNITA BAI SEN Vs. STATE OF M P

JUDGEMENT

(1.) Appellant Sunita Bai has filed this appeal under Section 374 of Criminal Procedure Code, 1973 being aggrieved by the judgment dated 25.10.1996 passed by the learned First Additional Sessions Judge to the Sessions Judge Jabalpur, in Session Trial No. 344/1993, whereby the appellant was convicted under Section 364 of IPC and awarded a punishment of rigorous imprisonment of three years and fine of Rs.2,000/- , in default of payment of fine, further to suffer nine months' rigorous imprisonment.

(2.) (I) Briefly stated prosecution case is that appellant Sunita is wife of Raj Kumar Sen who is brother of complainant Vimla Bai. Complainant Vimla Bai and his family were living at Punjab Bank Colony, Jabalpur in house of one Shyam Sundar. To be relative of Vimla Bai, the appellant used to visit house of the complainant. On the date of incident i.e. 11.02.1993 at about 2 PM, the appellant came to house of Vimla Bai and was playing with complainant s son Ranjeet and offered him biscuits also. During this period, somebody called the appellant from the outside. The appellant requested the complainant to Ranjeet be accompanied with her, because she is going to meet her friend. Complainant Vimla Bai denied, even then the appellant requested that she will be back within five minutes and took away Ranjeet.

(3.) The learned trial Court on the basis of evidence available on record framed charge against the appellant punishable under Section 364 and 369 of Indian Penal Code, who abjured her guilt, therefore, she was put to trial.