RAHUL Vs. STATE OF M P

JUDGEMENT

(1.) Being aggrieved by judgment and order dated 22/03/2018 passed in Sessions Trial No.346/2015 by 2nd Additional Sessions Judge, Shujalpur, district-Shajapur, whereby the learned trial Court has held the appellant guilty for the offence under Sections 363 & 366 of IPC and sentenced him to undergo 2 years and 5 years RI and fine of Rs. 1000/- each respectively; in default of payment of fine further to undergo 6 months RI each, the appellant has preferred this appeal.

(2.) Facts in brief are that on 31.07.2015 prosecutrix, aged 16 years, had gone to the school but didn't return home from the school. Her mother informed her grandfather at the farm land. They searched for her in village and also at the places of relatives. During the search, they came to know that the accused was also not at home. Suspecting that he has taken away the prosecutrix, grandfather informed police Kalapipal. The Police registered Crime No.301/15 u/S 363 & 366 of IPC. The police recovered the prosecutrix. On next day i.e. 01/08/2015 from railway station, Indore and produced her before the Judicial Magistrate who recorded her statement under Section 164 Cr.P.C. The police also seized documents i.e. scholar register, school leaving certificate and mark-sheet from her school to establish her date of birth. After arresting the accused, the police filed the charge-sheet.

(3.) Accused was charged, tried and convicted as stated in para-1 above.