RAMKUMAR Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment dated 31/08/2008 passed by IInd Additional Sessions Judge, Datia in Sessions Trial No.139/2003 by which the appellant has been convicted under Sections 363,366,376(f) of IPC and has been sentenced to undergo rigorous imprisonment of three years, five years and 10 years for offences under Sections 363, 366 and 376(f) of IPC respectively. No fine amount has been imposed and all the three offences have been directed to run concurrently.

(2.) The necessary facts for the disposal of this appeal in short are that on 14/08/2003, a Gum Insaan report was lodged by Bhagwan Das mentioning that his daughter aged about 13 years had gone to the school and, from thereafter, she has not come back. During investigation, the prosecutrix was recovered and was handed over to the custody of her father. The prosecutrix was sent for medical examination. Her ossification test was got conducted. The accused/appellant was arrested and he was sent for medical examination. The seized articles were sent to FSL, Sagar. The police, after completing the investigation, filed charge-sheet against the appellant as well as against Smt. Kamla and Smt. Ramkumari.

(3.) The Trial Court, by judgment dated 31/08/2004, acquitted Smt. Kamla and Smt. Ramkumari and since no appeal against their acquittal has been filed, therefore, the facts of this case are being considered only in respect of the appellant.