TAJ MOHAMMAD Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal has been preferred under Section 374 of Code of Criminal Procedure, (hereinafter referred to as "the Code") being aggrieved with the judgment dated 05/01/1998 passed by Session Judge, Rewa, in Sessions Trial No.281/1994 whereby appellant has been convicted under Sections 366 and 376 of the Indian Penal Code ("IPC" for short) and sentenced to undergo rigorous imprisonment for three and five years with fine stipulation respectively.

(2.) PROSECUTION case, in brief, is that on 02/06/1994 missing person report (Ex. P/15) was lodged regarding the prosecutrix by her father Sahabuddin (PW.2) at Police Station Laur, District - Rewa. Thereafter on 10/06/1994, the prosecutrix (PW. 1) lodged a report (Ex. P/1) at the same police station to the effect that on 1/6/1994, appellant, who used to tuite Quaran Sharif to her, induced her to accompany him and took her to various places viz.Khiri, Rewa, Satna, Delhi, Ajmer and Agra and in Delhi and Agra, subjected her to sexual intercourse. Thereafter, on 8/6/94, he took her to his house at Chandramuhali and leaving her behind, fled, but got her sent to her cousin's house at Bicharhata through an unknown person, from where she was brought by her brother -in -law at Hadhar. On the aforesaid report, offence was registered against the appellant and after investigation, charge -sheet was filed.

(3.) LEARNED counsel for the appellant submitted that the trial Court had erred in appreciating the evidence on record and the convictions of the appellant deserved to be set aside.