HIRAMANI SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This present criminal appeal filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") has been preferred against the impugned judgment dtd. 20/7/2004 passed by the learned First Additional Sessions Judge, Rewa in Session Trial No.60/2004, whereby the appellant - Hiramani Singh has been convicted for offence under Sec. 363 and 366 of the Indian Penal Code (for short "IPC") and sentenced to rigorous imprisonment for one year and pay fine of Rs.500.00 each count, in default of payment of fine undergo R.I. for three-three months respectively.

(2.) Background facts in a nutshell are as follows : In the intervening night of 21/22/1/2004, at about 10:30 PM the prosecutrix aged about 16 years was in her house and her family members were slept. At around 12:30 in the night, her father Roshanlal woke up and noticed that her daughter (prosecutrix) was not on the bed and he informed her mother and both were searching and noticed that all doors were locked inside and she might climb on the roof of house and jumped on the roof of adjacent house because roof of adjacent house is in dilapidated condition and they presumed that their daughter might have eloped with Hiramani Singh because in earlier he has given several letters to his daughter and suspected. Further the prosecutrix had gone to their relative's house at Jabalpur stayed for 15 days. One Santosh Nigam of the same locality has also came and said that he wanted to meet to prosecutrix. He was sitting with Hiramani for two hours in front of their house.

(3.) On appearance of the appellant, copies of the documents are required under Sec. 207 of Cr.P.C. for supply to him. As the case is triable by the Court of Sessions, the case was committed to the Court of Sessions under Sec. 209 of Cr.P.C., accordingly, the same was made over to the Court of learned First Additional Sessions Judge, Rewa for trial and disposal in accordance with law.