SADHRAY Vs. STATE OF M P

JUDGEMENT

(1.) The appellant alongwith co-accused Ramjhul were prosecuted for the offence under Sections 366 and 376 of the Indian Penal Code before Second AddI. Sessions Judge, Durg camp at Bemetra in Sessions Trail No. 113/85. The appellant was charged for the offences punishable under Sections 366 and 376 of the Indian Penal Code while co-accused Ramjhul was charged under Section 363 of the Indian Penal Code.

(2.) The prosecution case is that on 13.4.1985 the appellant enticed away the prosecutrix Jhuniya Bai, a minor daughter of Jugnuram (P.W. 4) and Bishmat Bai (P.W. 11) with intention to marry her and he concealed the prosecutrix in the house of co-accused Ramjhul where appellant committed rape on her.

(3.) The learned Additional Sessions Judge convicted the appellant under Sections 366 and 376 of the Indian Penal Code and sentenced him to undergo R.I. for two years and to pay a fine of Rs.1,000/- in default to undergo R.I. for six months under Section 366 and R.I. for two years and to pay a fine of Rs.2,000/- in default to undergo R.I. for further one year under Section 376 of the Indian Penal Code while co-accused Ramjhul was acquitted. The sentence awarded were, however, ordered to run concurrently.