MAHENDRA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal has been filed by the appellant who is aggrieved by the judgment and sentence dtd. 28/7/2022 passed by the learned Second Additional Sessions Judge and Special judge (POCSO Act) Ganjbasoda, District Vidisha in Special Session Case No.23/2020, whereby he was sentenced to suffer rigorous imprisonment for 10 years for the offence under Ss. 376 (2) (j) and 376 (2) (n) of the Indian Penal Code. He was also sentenced to suffer rigorous imprisonment of 5 years for an offence under Sec. 366 IPC.

(2.) As per the story of the prosecution, the appellant is stated to have kidnapped the prosecutrix on 25/3/2018. The father of the prosecutrix lodged a report against unknown persons on 26/3/2018 for offences under Ss. 363 and 366- A of the IPC. Thereafter, the prosecutrix was recovered and the appellant was arrested. The statements of the prosecutrix under Sec. 161 Cr.P.C. and 164 Cr.P.C. were recorded and the prosecutrix has stated therein that the appellant regularly committed sexual intercourse with her for a period of 1 year. The charge-sheet was filed. The appellant was tried and convicted as hereinabove.

(3.) Learned counsel for the appellant submits that the appellant has falsely been implicated in this case. He further states that the evidence on record will only go to reveal that the prosecutrix was a major and she voluntarily eloped with the appellant herein and that she had married him at the Sehore Court and thereafter upon her recovery by the police and the subsequent arrest of the appellant, she has turned against him and testified, implicating the appellant, as by then the prosecutrix had got married elsewhere.