GOLU ALIAS DHANIRAM Vs. STATE OF M P

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 5-3-2013 passed by A.S.J., Ganjbasoda, Distt. Vidisha in S.T. No.192/2012, by which the appellant has been convicted under Sections 363 and 376 of I.P.C. and has been sentenced to undergo the rigorous imprisonment of 3 years and a fine of Rs. 500/- and rigorous imprisonment of 7 years and a fine of Rs. 1500/-, respectively with default imprisonment. Both the sentences have been directed to run concurrently.

(2.) The necessary facts for the disposal of the present appeal in short are that the complainant Phool Singh, who is the brother of the prosecutrix, had lodged a Gum Insaan report on 9-3-2012 to the effect that the prosecutrix is missing from 8-3-201 It was mentioned in the report that he had gone to Basoda and when he came back at about 12 A.M. in the night, then he was informed by his mother that the prosecutrix, at about 10-11 P.M., has left the home without informing anybody. A Suspicion was expressed towards the appellant, as he too was missing from his house.

(3.) The prosecutrix was recovered from the house of the appellant and her statement was recorded and accordingly, F.I.R. in crime No.174/2012 for offence under Sections 363, 366-A and 376 of I.P.C. was registered. The prosecutrix was got medically examined. The spot map was prepared. The statements of the witnesses were recorded. The appellant was arrested. The vaginal slide and underwear of the prosecutrix as well as the appellant were sent to F.S.L. The report was received and after concluding the investigation, the police filed the charge sheet.