RAJ KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374 of Cr.P.C. has been filed against the judgment dated 31.07.2012 passed by 4th Additional Sessions Judge, Gwalior in Sessions Trial No.178/2012 by which the appellant has been convicted under Section 363 (on two counts) of IPC and has been sentenced to five years rigorous imprisonment (on two counts) and a fine of Rs. 1000/- with default imprisonment.

(2.) The necessary facts for the disposal of the present appeal are that on 2.9.2011, the complainant Smt. Geeta Solanki lodged a report to the effect that her son Seetaram aged about 12 years and daughter Nandini aged about 9 years had gone to the school by walking. At about 9:30 in the morning, a constable from police Station Janakganj came to her house and informed that two saints [1] were taking away her children and they have been apprehended by the people at Katoratal Square. On receiving this information, she went to Katoratal along with her elder son Gajraj where she found that some people had surrounded two saints [1]with whom her son Seetaram and daughter Nandini also there. As the two saints [1]had kidnapped the minor children, therefore, on the report of the complainant, FIR in Crime No.276/2011 for offence under Section 363 of IPC was registered. After the FIR was lodged, the spot map was prepared. The statements of the witnesses were recorded. The accused persons were arrested and after completing the investigation, the charge sheet was filed.

(3.) By order dated 17.4.2012 charge under Section 363 (on two counts) were framed.