SANJAY Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellants have filed this Criminal Appeal being aggrieved by the judgment dt.01.04.2011 passed by the First Additional Sessions Judge Dabra District Gwalior in Sessions Case No.106/2010, whereby the learned Additional Sessions Judge has convicted the appellants Sanjay and Mahendra with 10 years R.I. under Section 366 of IPC and fine of Rs.100/- each. Similarly, they have been convicted under Section 344 of IPC with three years R.I. and fine of Rs.100/-. Appellant No.1 Sanjay has also been convicted under Section 376 of IPC with ten years R.I. and fine of Rs.100/- and in default of payment of fine, one month's additional simple imprisonment. It has come on record that appellant No.1 Sanjay was in judicial custody from 28.4.2009 to 3.5.2010, whereas appellant No.2 Mahendra was not in judicial custody.

(2.) As per the prosecution story, on 01.03.2009, prosecutrix (P.W.1) had left her house at village Jangipura at about 9.00 a.m. when close to Church at Dabra she was abducted by the appellants alongwith two unknown persons and thereafter they committed offence under Section 363 of IPC. They were also charged under Section 366 and Section 344 of IPC and the appellant No.1 was charged under Section 376 of IPC. Appellant No.2 was not charged under Section 376 of IPC.

(3.) It is on record that father of the prosecutrix had given a written complaint to the SHO Dabra on 02.03.2009 vide Ex.P/4 to the effect that he was out of his house and had gone to Morena and on return from Morena he was informed by his elder daughter Rajeshwari (P.W.2) that on 01.03.2009 at about 9.00 a.m. one Madam Sarita Jatav from Radha Convent residing in neighbourhood had called the prosecutrix in front of her and thereafter prosecutrix has not returned. Accordingly, missing person report (Ex.P/3) was recorded on 03.03.2009. Thereafter the missing girl returned back to her home at about 6.00 a.m. on 14.4.2009 when Dastyab Panchnama and Supurdagi Panchnama were prepared at about 12.30 p.m. Vide Ex.P/2. Thereafter, on 15.4.2009 at about 19.00 hours, FIR was lodged registering Crime No.250/2009 naming present appellants and two other persons as accused.