KALLOO Vs. STATE OF M P

JUDGEMENT

(1.) The present criminal appeal under Section 374(2) of Cr.P.C. is being preferred against the Judgment of conviction and order of sentence dated 06/07/2010 passed in Sessions Trial No.103/2009 by Special Judge, Shivpuri whereby appellantKalloo has been convicted under Section 376(1) of IPC and sentenced to undergo 7 years RI with fine of Rs. 1,000/- and further convicted under Section 363 of IPC and sentenced to undergo 2 years RI with fine of Rs. 500/- with default stipulation.

(2.) Case of the prosecution in short is that on 25-06-2009, prosecutrix-Devaki aged about 13 years alongwith her mother Ramwati (PW-1) went to answer the call of nature and returned back and slept in his pator, and in the midnight at about 2-3 am when she waked up for call of nature again, she did not find her daughter in the said pator, she searched out but could not find her. A missing person report was lodged by her vide No.4/2009 (Ex.D-1) at Police Station Satanwada. On the said report, several witnesses were examined, and it was found that appellantaccused Kalloo alongwith others Raju Nai, Mohan Singh and Rajkumar kidnapped the minor daughter of the complainantRamwati (PW-1) and abused the complainant and her husband by using abusive language and caste related words. On the basis of aforesaid, FIR was registered on dated 14/07/2009 vide Crime No.66/2009 under Section 363, 366, 34 of IPC and Section 3(1) (10) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(3.) During investigation, Naksha Panchnama was prepared vide Ex.P-3 and on 07/09/2009, accused was taken into custody and from his possession, prosecutrix-Devki was recovered. Statement of the prosecutrix was recorded and prosecutrix and appellant-accused were medically examined. Recovery memo of clothes (seal packed) was prepared vide Ex.P-4. Statements of the witnesses were recorded by the police. Charge-sheet was filed before the Judicial Magistrate Shivpuri wherefrom the case was committed to the Court of Special Judge (SC & ST), Shivpuri.