MEHERBAN @ DADIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has assailed his conviction recorded vide judgment dated 01/03/2013 by ASJ, Bagli, District-Dewas in S.T. No.238/2011, whereby the learned Court held the appellant guilty for the offence punishable under Section 363, 366 (A) and 376 of IPC and awarded 5 years and 10 years R.I. and Rs. 5,000/- and Rs. 10,000/- fine and in default of payment of fine 1 year and 2 years R.I. respectively. In view of the provisions of Section 71 of IPC, no separate sentence is awarded for the offence 363 of IPC.

(2.) Background facts sans unnecessary details are that on 13/05/2011, father of the prosecutrix informed the police that his elder daughter is missing from the house since 12/05/2011. The police registered missing person report in Rojnamcha and launched search operation. She was recovered on 09/07/2011 from possession of the appellant and revealed before the police that on the date of incident at about 12:00 in the night, when she was sleeping with her siblings, the appellant came there, pressed her mouth and on the point of knife asked her to accompany him silently and took her to some unknown place and thereafter to Badoda Phata. The police produced prosecutrix before the Doctor and got her medically examined. Dr. Pushpa Pavaiya found that her hymen was old raptured and that she was habitual of intercourse. After usual investigation like; preparing spot map, seizure memo of clothes of prosecutrix, arrest of accused, memo of recovery, his medical examination etc. the police submitted charge-sheet before the Court.

(3.) The accused was charged under Section 363, 366 (A) and 376 of IPC. He abjured his guilt. After the trial, the learned trial Court held him guilty and awarded sentence as stated in para 1 above.