STATE OF M.P. Vs. ANIL KUMAR KHEMLIYA

JUDGEMENT

(1.) IN this appeal the State has challenged the order of acquittal of the respondent, for the offences u/ss. 376, 366 of IPC. The appeal has been preferred by the State u/s 378 Cr. P.C. The respondent was convicted by the trial Court for the offences punishable u/s 363 IPC and instead of sentencing him atonce he was allowed the benefit of section 4 of the Probation of Offenders Act, 1958 and was directed to submit a personal bond in the sum of Rs, 1000/ - with one surety for his maintaining peace and for being of good conduct for a period of 2 years. It was also directed that if any offence was committed by him during the above period or there was a breach of any of the condition, he shall remain present on being summoned for receiving the sentence that may be imposed by the Court. It is not in dispute that by complying with the order of the Court, the respondent did not commit any breach of the conditions imposed by the trial Court.

(2.) THIS appeal has come -up for hearing after a period of 16 years. The allegation against the respondent was no. I -" that he had enticed away the prosecutrix on 30.4.79 and the prosecutrix was below 16 years of age at that relevant time."

(3.) ON the consideration of the rival contention, in the facts and circumstances of the case, we arc of the view that the appeal deserves to be dismissed.