SANNY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short "The Code") has been preferred by the appellant against judgment of conviction dated 04/01/2014, passed by Special Judge [SC/ST (PA) Act, 1989], Barwani, District Barwani in Special Case No.09/2013, whereby the appellant was convicted and sentenced as under:

(2.) Prosecution story in short is that on 27/01/2013, at about 5.00 pm, appellant-Sanny called the prosecutrix and on the pretext of marriage he abducted her and first took her to village Haribad and then to the house of Jaipal situated at village Badgaon where he committed rape upon here. Sitaram, father of the prosecutrix made a missing report at the police-station Barwani. During enquiry police recovered prosecutrix on 29/01/2013 and sent her to hospital for medical examination as well as ossification test. On the basis of statement given by the prosecutrix, police registered F.I.R (Ex.P/16) at crime No.38/2013 for offence under Section 363, 366, 376, 34 of IPC and Section 3(2)(5) of SC/ST(PA) Act, 1989 against appellant-Sanny and co-accused Mansingh. Investigation Officer, Amarsingh Mandloi (P.W.4) prepared the spot map (Ex.P/2). He obtained scholar register of primary school Temilapura, to prove the age of the prosecutrix. Police arrested the accused persons. Appellant-Sanny was sent for medical examination. Police seized various articles received from the hospital and sent them to forensic science laboratory for examination. Caste certificate of the prosecutrix was also obtained. After completion of investigation, charge-sheet was filed before the Chief Judicial Magistrate, Barwani, who committed it to the Court of Special Judge, Barwani.

(3.) Appellant abjured his guilt and took a plea that he is innocent and has been falsely implicated in the crime. However, he has not examined any witness in his defence.