IQBAL Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374 of Cr.P.C. has been filed against the judgment dated 7.4.2010 passed by 14th Additional Sessions Judge, Gwalior in S.T.No. 406/2009 by which the appellant has been convicted under Sections 376, 366 of IPC and has been sentenced to undergo the rigorous imprisonment of 10 years and a fine of Rs. 5,000/- with default imprisonment and rigorous imprisonment of five years and a fine of Rs. 1,000/- with default imprisonment. Both the offences have been directed to run concurrently.

(2.) This appeal has been filed by the appellant from jail. None had appeared on behalf of the appellant to argue the case. Shri Anoop Nigam, Advocate was present in the Court and is in the list of Legal Aid Advocates and he has a vast experience of arguing the criminal matters, therefore, he was requested by the Court to go through the file and argue the matter. Shri Anoop Nigam gracefully accepted the request made by the Court and went through the record of the case for about 1 ½ hours and then argued the matter at length.

(3.) The prosecution case in short is that on 20.2.2009 the complainant Saleem informed the police that his daughter is missing. After about 3-4 months, the prosecutrix returned back and informed that the appellant had persuaded her to go along with him and had forcibly committed rape on her. Accordingly, offence under Sections 363, 366, 376 of IPC was registered. The police after recording the statements of the witnesses and getting the prosecutrix medically examined, prepared the spot map, obtained the school register of the prosecutrix to prove her age, filed the charge sheet after completing the investigation.