VINOD MANGOLAL Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 9-4-2008 of the learned Addl. Sessions judge, Garoth, District Mandsaur (M. P.) in s. T. No. 73/2007, whereby the appellant has been convicted under Section 376 and 366 of the Indian Penal Code and sentenced for R. I. of seven years with fine of Rs. 2,000/-and R. I. for five years with fine of Rs. 2,000/-respectively. In default of payment of fine he shall undergo six months R. I. on each count. However, the substantive jail sentences were directed to run concurrently.

(2.) BRIEFLY stated that prosecution case as unfolded before the Trial Court is that on 18-4-2007 in the noon at 2. 00 p. m. prosecutrix, aged about 16 years, was asked by acquitted co-accused Sunita that appellant will marry with her and took her to bus stand, Garoth. Prosecutrix boarded the bus and travelled up to Bhanpura. Prosecutrix was told by Sunita that appellant will meet her on Bhanpura bus stand and she may go with him. Sunita paid the travelling charges to the conductor. Appellant met the pros-ecutrix on bus stand, Bhanpura and took her in a bus to Neemuch. They stayed in a lodge in Neemuch, where name of the prosecutrix was disclosed as Rekha Prosecutrix was kept in the lodge up to 22-4-2007 and appellant had sexual intercourse with her. On 23-4-2007, appellant went from neemuch to Udaypur, where they stayed at the house of sister of appellant, there also they had sexual intercourse. Appellant left the prosecutrix at the house of his sister in udaypur and came back on 24-4-2007 to garoth. Appellant again reached at Udaypur on 14-5-2007 and told the prosecutrix that her parents had lodged the report, therefore she was taken to village Nimbaheda at the house of his aunt Gangabai. Prosecutrix was left there and appellant came to garoth and returned back with the mother of Sunita named Gayatribai on 15-5-2007. Gayatribai told the prosecutrix not to give any statement against their family. On 16-5-2007, Gayatribai and appellant reached at Mandsaur, where Gayatribai and the prosecutrix alighted from the bus in Mandsaur and appellant reached at Garoth. Appellant threatened the prosecutrix for not to give statement in Police against him. Parents of the prosecutrix had lodged the missing report in P. S. Garoth on 20-4-2007. Prosecutrix appeared before the police Garoth on 17-5-2007, where her recovery Panchnama was prepared and crime No. 173/2007 was registered against appellant and acquitted co-accused Sunita. Prosecutrix was medically examined by P. W. 1 Dr. Smt. Pramila nahar, her MLC report is Ex. P/l. Appellant was arrested and also got medically examined by Dr. Kanhaiyalal Rathor (P. W. 7), his MLC report is Ex. P/6.

(3.) ON completion of investigation, charge-sheet was filed against accused persons for commission of offence under Sections 376 (1), 366 and 363 of the Indian Penal Code.