MANGAL SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has filed the present appeal challenging the judgment of conviction and order of sentence dated 31.12.2010 passed in Sessions Trial No. 215/2010 by 1st Additional Session Judge, Sehore, thereby convicting the appellant under Sections 363, 366, 376 of IPC and sentencing him to suffer rigorous imprisonment for a period of 2 years, 3 years and 7 years along with fine of Rs. 1000/-, 1000/-, 1000/- respectively. It is further directed that in case of default of payment, to suffer further imprisonment for a period of 6 months, 6 months and 6 months respectively.

(2.) According to the prosecution story, complainant Sharda Bail lodged a missing report (Ex.P-9) on 22.04.2010 at Police Station Mandi, Sehore and on the same day also lodged an F.I.R. (Ex.P-5) at 6:15 O'clock to the effect that the prosecutrix aged about 12-13 year is a resident of village Narauda, Tehsil Khurai. She came 15 days before with her son. It is alleged that Mangal Singh, who is friend of her son Bharat used to come at her home and the prosecutrix used to call her as Mama. It is also alleged that at 5 O'Clock, in the evening when his younger son Hukum was playing on the road, Mangal called him by saying that her Grand-mother (Nani) is calling thereafter prosecutrix went with him. On the complaint, made by the complainant, the matter was taken into investigation. Investigating Officer Mahesh Kumar Sariyam prepared spot map (Ex.P-12), at the instance of complainant on 22.04.2010. On seizing bicycle prepared seizure memo (Ex.P-14). Investigating Officer recorded statement under section 161 of Cr.P.C., 1973 of the witnesses i.e. Hukum Singh, Sharda Bai, Gopal, Arti, Savitri Bai, Nanhe, Jira Bai and other witnesses. After recovering the prosecutrix, prepared recovery memo (Ex.P-3) and sent prosecutrix for medical examination. On 06.05.2010 the prosecutrix was medically examined by Dr. Shobha Khare. During the investigation two sealed covered packets were seized and for this purpose seizure memo Ex.P-16 was prepared. The apparels of prosecutrix were seized. On 16.07.2010 the appellant was arrested. Seized slide of vegina was sent for examination to the Regional Forensic Science Laboratory, Bhopal. After completing the investigation, challan was submitted before the Judicial Magistrate First Class, Sehore, on 13.08.2010. As the matter was under trial by the Session Court, the same was committed to the Court of Session and from where it was received by the trial Court for trial on 04.09.2010.

(3.) Trial Court framed charges under Sections 363, 366, 376 of IPC. The appellant abjured his guilt and prayed for trial. In his statement recorded under section 313 of Cr.P.C., 1973 appellant stated that he was falsely implicated in the matter, as Grand-mother (Nani) of prosecutrix took a loan of Rs. 20,000/- for marriage.