STATE OF MADHYA PRADESH Vs. RAJU BOHARE

JUDGEMENT

(1.) The State has preferred the present appeal against the judgment dated 31.8.2001 passed by Fifth Additional Sessions Judge, Sagar in S.T. No. 207/2001 whereby the respondent has been acquitted from the charge of Sections 363 and 366A of the IPC.

(2.) Facts of the case, in short, are that prosecutrix (PW-10) aged 13 years was residing with her maternal uncle Ramraja (PW-2) after death of her mother. In the night of 29.3.2001, the prosecutrix was sleeping with mother of Ramraja (PW-2) at village Nibahi but she was found missing in the morning. A missing report Ex. P-3 was lodged by Ramraja (PW-2). The prosecutrix was recovered after sometime and according to her she was taken by the respondent. After due investigation, the charge sheet was filed before JMFC, Banda, who committed the case to the Court of Session and ultimately it was transferred to Fifth Additional Sessions Judge, Sagar.

(3.) The respondent abjured the guilt. He took a plea that the prosecutrix was residing with her maternal uncle. Behaviour of her maternal uncle and aunt was cruel towards her and, therefore, the prosecutrix ran away from the house and the respondent was falsely implicated on the basis of suspicion. However, no defence evidence was adduced.