KHURSHEEDA BI Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal having been heard and reserved for orders, coming on for pronouncement this day, Justice Sanjeev S. Kalgaonkar pronounced the following:

(2.) As per the case of prosecution, Gajraj Singh submitted a written complaint to the Incharge of Police Outpost, Bhainsoda Mandi that his niece "A" is missing since the afternoon of 17/7/1998. Sadiq alias Munna informed that Anees S/o Aamil Baig was seen taking his niece on scooter. He suspects that Anees has enticed and taken his niece. Khursheeda Bi, mother of Anees used to talk with his niece. Khursheeda Bi has assisted Anees in kidnapping of victim. On such allegations, Police Outpost Bhainsoda Mandi of P.S. Bhanpura registered FIR at Crime No. 19/1998 for offence punishable u/S 363 and 366 of IPC against Anees and Khursheeda Bi. Meanwhile, father of another victim, also submitted a written complaint to the Incharge of Police Outpost Bhainsoda Mandi on 18/7/1998 that his daughter "B" aged around 16 years is missing since the afternoon of 17/7/1998. Kishan Meena and Santosh Kumar informed him that Rajendra and Anees have taken his daughter and another girl from Pachpahad. This application was clubbed with already registered Crime No. 19/1998 for investigation. Later, Crime No. 105/1998 was registered at P.S. Bhanpura. During investigation, one of the victim- "B" appeared before Outpost Bhainsoda Mandi on 26/8/1998. She stated that Rajendra alias Titu, Anees, Rajesh and Pappu had enticed them on promise of marriage. They were taken to Indore and Ujjain. Rajendra alias Titu committed rape on her. Victim was forwarded for Medico legal examination. The information regarding dates of birth of both the victims was requisitioned and seized. The statement of victim "B" were recorded u/S 161 and 164 Cr.P.C. The accused - Khursheeda Bi was arrested. On completion of investigation, final report was submitted against Khursheeda Bi, pending investigation against other absconding accused - Anees, Rajendra alias Titu, Rajesh and Pappu.

(3.) Learned JMFC, Mandsaur committed the case for trial to the Court of Additional Sessions Judge, Bhanpura, Distt. Mandsaur. Learned Additional Sessions Judge, Bhanpura Distt. Mandsaur framed charges for offence punishable u/S 363 and 366 of IPC against accused - Khursheeda Bi. On completion of trial, learned Additional Sessions Judge, Bhanpura acquitted Khursheeda Bi of the offence punishable u/S 363 of IPC, but convicted her for the offence punishable u/S 366 of IPC and sentenced her as stated in para 1 of the judgment.