JAGDISH AHIRWAR Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374 of Cr.P.C. has been filed against the judgment dated 7.10.2013 passed by Additional Judge to the Court of Additional Sessions Judge, Sironj, District Vidisha in S.T. No. 368/2012 by which the appellant has been convicted under Sections 366 (A), 376 of IPC and has been sentenced to undergo rigorous imprisonment of five years and a fine of Rs. 1000/- with default imprisonment for offence under Section 366 (A) of IPC and rigorous imprisonment of seven years and a fine of Rs. 4,000/- with default imprisonment for offence under Section 376 of IPC.

(2.) The necessary facts for the disposal of this appeal are that on 18.10.2011 at about 10:30 AM the complainant Smt. Kamla Bai made a complaint to Police Station Murwas, District Vidisha alleging that after having her dinner, she was sleeping in the courtyard of her house and the prosecutrix along with her sister was sleeping inside the room. At about 4:00 in the morning when she woke up, she noticed that the prosecutrix was not in the room. Her daughter informed her that about 3:00 AM the prosecutrix had demanded a shawl and from thereafter she is missing. Thus, it was informed that the prosecutrix has left the house without informing anybody and she has a suspicion that Jagdish S/o Nandram Ahirwar has taken her with him.

(3.) On the Gum Insan Report, an enquiry was started and during enquiry on the basis of information received from the informer, the prosecutrix was recovered from Bairasiya Bus Stand and the recovery memo was prepared on the spot itself.