MOHAN @ MOHANLAL Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred by the appellant under Section 374(2) of Cr.P.C. being aggrieved by conviction and sentence recorded by Additional Sessions Judge, Begumganj, District Raisen in S.T. No. 72/94 vide judgment dated 9.5.1997 whereby the appellant has been convicted for the offence punishable under Sections 376(1), 366 of the IPC and sentenced to R.I. for 5 years with fine of Rs. 2,000/- and R.I. for 3 years with fine of Rs. 1,000/- respectively, with default stipulations.

(2.) The facts, in short, giving rise to this appeal are that on 7.4.1994, Baliram lodged an FIR at P.S. Begumganj to the effect that his daughter (hereinafter referred to as the prosecutrix), aged about 17 years, had gone to answer the call of nature but she did not return back to home and when he had gone to search the prosecutrix, Kashiram (PW-6) and other witnesses informed him that the appellant had abducted her. Thereafter, a crime for the offence punishable under Sections 363, 366 was registered against the appellant. During investigation, the prosecutrix was found living with the appellant at village Piparia, District Hoshangabad. She was sent for medical examination and xray examination for determination of her age. The appellant was arrested.

(3.) After due investigation, the appellant was charge sheeted before committal Court, from where the case was committed to the Court of Session and thereafter the case was sent for trial. The learned Additional Sessions Judge, Begumganj framed the charge under Sections 366, 376(1) of the IPC against the appellant.