SANJAY KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Section 374 of the Code of Criminal Procedure has been filed against the judgment of conviction and order of sentence dated 3.8.1999 passed by Fourth Additional Sessions Judge, Ujjain in S. T. No.180/98 whereby the appellant has been convicted under Section 363 of the IPC and sentenced to undergo 6 years RI along with fine of Rs.1000/-, with default stipulation as mentioned in the impugned judgment.

(2.) The facts in brief giving rise to this appeal are that on 16.2.1998 the prosecutrix, below 18 years of age, was found missing from the house, for which, a missing person report was recorded in the Police Station Makron, District Ujjain on the information of the step father of the prosecutrix. Later on, the prosecutrix was recovered and on 2.3.1998 her statement was recorded, in which, she disclosed that on 16.2.1998 the appellant came to her house and she came for natural call out of the house. Seeing her, the appellant asked her for roaming and enticed her and took her by bus to Depalpur and various other places and committed rape with her. Her medical examination was conducted with regard to collecting evidence of commission of rape and for determination of age of the prosecutrix. After completion of the investigation, charge sheet was filed before the court concerned from where the case was committed to the court of Fourth Additional Sessions Judge, Ujjain and the appellant was tried for commission of offence punishable under Sections 363, 366n and 376 of the IPC. Learned trial court acquitted the appellant / accused of the charges under Sections 366 and 376 of the IPC but convicted under section 363 of the IPC and sentenced as mentioned above.

(3.) Learned trial court has convicted the appellant / accused on the finding that on the date of incident, the prosecutrix was minor and the appellant took her without consent of her lawful guardian.