KRIPA RA M Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence passed by IV AddI. Sessions Judge, Gwalior in Sessions Trial No. 282/1996 dtd. 27/9/2001, convicting appellant u/ss. 363, 366 and 376 of IPC, the appellant has preferred this appeal u/s. 374 of Cr.P.C.

(2.) In brief, the case of the prosecution is that complainant Sunita alias Sua Bai alongwith her two minor children came to Gwalior. She was a labourer. On 15/9/1995 complainant went to her work place, at that juncture, prosecutrix aged about 11 years was present in the house, the accused who was residing alongwith her mother was also present. It is said that appellant by enticing carried away the prosecutrix with him. When complainant came back to her house, she did not find prosecutrix, as a result of which, she searched her but did not find her. She also noticed that appellant is also not present at his house therefore, she made a complaint to the police but nothing was done against the appellant. Later on, she went to her native place at Distt. Chhatarpur and there she submitted a written report to the Superintendent of Police, Chhattarpur on the basis of which, a case was registered against the accused persons initially u/ss. 363/34 of IPC.

(3.) The learned trial Judge after perusing the chargesheet, framed charges punishable u/ss. 363, 366 and 376 of Indian Penal Code (In short IPC) against appellant Kriparam. Other accused persons Kunwar Lal and Smt. Pushpa were charged u/ss. 363 and 366 of IPC. Needless to emphasis, all the accused persons abjured their guilt and pleaded complete innocence. Their defence is of maladroit implication.