BALA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellant being aggrieved by the judgment dated 27/2/2001 passed by the Additional Sessions Judge, Harda in ST No. 171/1997 whereby the appellant has been convicted of offence punishable under Sections 363, 366, 376(2)(g) of IPC and sentenced to ten years' RI with fine Rs. 3000/ -, three years' RI with fine of Rs. 1000/ - and three years' RI with fine of Rs. 1000/ -. Default sentence was also imposed.

(2.) THE prosecution's case, in short, is that on 9.3.1997 Birju (PW -4) has intimated the SHO of Police Station Harda that his niece prosecutrix was missing. His report was recorded in Rojnamcha Ex.P -5. Thereafter the prosecutrix was recovered and she had informed that the appellant and other three accused persons have kidnapped her. They took her to a field and they committed rape upon her. She was kept by the accused persons. The prosecutrix was sent for her medico legal examination. Dr. Malti Patel (PW -3) examined the prosecutrix and gave a report Ex.P -4. No external or internal injury was found on her person. However, two slides of her vaginal swab were prepared and handed over to the concerned constable after due sealing. After due investigation, a charge sheet was filed against the accused persons. Out of them, accused Bala @ Balaram was present and remaining three accused persons were declared absconding. The case was committed by the JMFC Harda and ultimately it was transferred to the Additional Sessions Judge, Harda.

(3.) SINCE in this old appeal no one is appearing to argue the matter after the appeal was remanded back by the Apex Court, and therefore Shri Prakash Gupta, Advocate, whose name is there in the panel of High Court Legal Services Authority and who has vast experience in criminal side, is appointed too argue the matter on behalf of the appellant. Thereafter I have heard the learned counsel for the parties.