QASAM KHAN Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal under Section 374(2) of the Code of Criminal Procedure has been preferred being aggrieved by the judgment, finding and sentence dated 18-04-1994 passed by Sessions Judge, Khandwa, in Sessions Trial No.172 /93 whereby the appellant has been convicted under Section 363 of IPC and sentenced to R.I. for one year.

(2.) The prosecution case in short is that Kallu lodged the report at P.S. Harsood on 3.7.1993 at 12.15 p.m. to the effect that his daughter Laxmibai aged about 11 years was all alone at the house and when he returned in the evening, he did not find her in the house. He enquired and waited up to 9.00 p.m. but she did not return. This report was entered in Roznamcha Sanha No.129 on 3.7.1993. Missing person report No.8/93 was registered and enquiry was made. She was recovered on 6.7.1993. Her statement was recorded. It was found that appellant has enticed her giving assurance for performing marriage with her. Offences under section 363 and 366 were registered against him. Map was prepared and appellant was arrested. Statements were recorded under section 161 Cr.P.C. After completing usual investigation, charge sheet was filed in the Court of JMFC Harsood, which committed the case to Sessions Court for trial.

(3.) The appellant stood charged under Sections 366 and 363 of IPC. He denied the guilt and claimed to be tried mainly contending that he has been falsely implicated. Prosecution examined as many as 4 witnesses and the appellant did not examine any witness in his defence. After appreciating the evidence, the trial Court convicted him under section 363 IPC and sentenced as stated hereinabove in para 1 of this judgment. Being aggrieved by the judgment, finding and sentence, instant appeal has been preferred on the grounds mentioned in the memo of appeal.