PARMANAND Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 23.2.96 of the First Additional Sessions Judge, Rajanandgaon whereby appellant Parmanand was convicted for having committed offences punishable under sections 363, 366 and 376 IPC, by enticing away a minor girl of 14 years and establishing sexual relationship with her and thus raping her. The appellant was sentenced as under: (1) Under section 363 I.P.C. R.I. for 3 years (2) Under section 366 I.P.C. R.I. for 4 years (3) Under section 376 I.P.C. R.I. for 7 years.

(2.) THE trial Court found that accused Parmanand, aged about 19 years, enticed away this girl on 15.7.94 and entered into marriage forcibly with her and then committed sexual intercourse with her. The girl was residing with her parents. Co -accused Vijay was also tried for an offence under section 212, I.P.C. for concealing the accused, but he has been acquitted. It was found that the girl was born on 28th March, 1980 and an entry was made in the birth -register to that effect. In the school, Sevanti Bai, mother of the girl, had got recorded her name as Mamta Bai. She had gone to school on 15.7.94, but did not return. She had left the school at 1 p.m. Father of the girl was employed in the Health Department. He lodged a report for missing of the girl. Prosecutrix and Parmanand were traced in village Dalli -Rajhara in the house of Jambai. The girl was recovered from there and both were got medically examined.

(3.) DURING the hearing of the appeal, the learned counsel for the appellant has argued that it is not established that the birth certificate Ex. P -4 -A pertains to this prosecutrix Mamta Bai. Recording of the name Savitri Bai suggests that it could be of another daughter of Sohanlal, father of the girl. Police had recovered the whole book -let of the births and deaths kept by Pratap Kotwar in village Dongargarh. Actual entry of birth is given in the book -let Ex.P -3 -A. P.W. 3 is Pratap, Kotwar of village Dogargarh. He knew Sohanlal, father of the prosecutrix, and had narrated that Sohanlal had got recorded the birth of his daughter as Savitri who is now known as Mamta Bai. Sohanlal had himself made entry in the birth book -let and signed it. This witness had produced the original book -let. This witness does not know reading and writing and so the entry of birth was got done by Sohanlal.