MAHESH JOSHI PAIYAJI Vs. STATE OF M P

JUDGEMENT

(1.) Appellant/accused has preferred this appeal against the judgment and order dated 6.6.1991 passed by Turd Additional Sessions Judge of Vidisha, convicting the appellant u/Sections 366 and 376. I.P.C. and sentencing him to undergo seven years R.I. on each count. The two sentences were directed to run concurrently.

(2.) The prosecution story was that appellant had kidnapped one girl Kumari Chanchal on 3rd of March. 1989 at about 7.00 p.m. from Talaiya Mohalla, Vidisha took her to Bhopal, from where to Ujjain and different places. Ultimately they were apprehended on 22.4. 1989 at Railway Station of Itarsi while they were moving together. Thereafter, the prosecutrix Kumari Chanchal was medically examined by Dr. Indu Jam and the medical report was proved on record. The doctor has given an opinion that the prosecutrixTs age could be between 15 to 17 years. X-ray was also done and in the X-ray report, it was specifically stated that the age of the prosecutrix could be between 15 and 18 years. Dr. M.S. Rajput, P.W. 4 has also examined this girl prosecutrix and he gave an opinion that the age of the girl could be between 14-15 years and 18-19 years.

(3.) The prosecution, after framing of charges, had also examined P.W. 1 Premlata Shrivastava, relation of the prosecutrix, P.W. 2 K.K. Shrivastava father of the prosecutrix. P.W. 3 Dr. (Mrs.) Indu Jam, who had examined the prosecutrix Kumari Chanchal and had found that the girl was used to sexual intercourse and her age was about 17 years. P.W. 4 Dr. M.S. Rajput also gave his opinion about the age of the girl between 17 and 19 years. P.W. 5 prosecutrix Kumari Chanchal was also examined. She narrated the entire story as to how she was induced to go with the appellant and live with him for one and half months, and during that period a show of marriage was also made that her marriage had taken place in a temple at Ujjain. She also admitted that two letters were written by her. Ex. D/1 and Ex. D/2 in that period. P.W. 6 Avadhnarayan if a postman who had seen appellant and the girl/prosecutrix going together in the town of Vidisha. P.W. 7 Dr. B.C. Oswal had examined the appellant who was found capable for sexual intercourse. P.W. 8 R.S. Vishwakarma had conducted the investigation and had submitted the challan.