HARIDAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) PRESENT appeal is directed against the judgment dated 19.8.2011 passed by Addl. Sessions Judge, Amarwada, District -Chhindwara in Sessions Trial No. 155/10, convicting the appellant under Section 363/366 of IPC and sentenced to 7 years R.I. with fine of Rs. 1000/ - and also convicted under Section 376 of IPC and sentenced to 7 years R.I. with fine of Rs. 1000/ -.

(2.) NECESSARY facts of the case in short are that, on 26.2.2010, prosecutrix aged about 17 years (PW -3), left the house at 8 AM for school but did not come back at schedule time. Aatmaram (PW -2) father of the prosecutrix, lodged gumshudgi report Ex.P/1 at Police Station Chourai. On 6.3.2010, appellant and prosecutrix appeared at Police Station Chourai and prosecutrix lodged the F.I.R. Ex.P/13 against the petitioner making allegations of kidnapping and rape. Dr.N.K. Chourasiya (PW -11) examined the potency of the appellant and prepared report Ex.P/9. Dr. Ms. Archana Kethvas examined the prosecutrix and prepared MLC report Ex.P/12 giving no definite opinion of rape and prepared slides of vagina swab to be examined in the laboratory. After completing the investigation, Police submitted charge sheet in the court of concerned JMFC who committed the case to the Sessions Court for trial.

(3.) DEFENCE of the appellant in trial Court was that the prosecutrix and family members were interested in marriage of PW -3 with son of the petitioner but it could not be materialized hence false report has been lodged against the petitioner. After appreciating aforesaid evidence, trial Court convicted and sentenced the appellant has aforesaid.