HEMANT KHANGAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellant aggrieved by the judgment dated 03.09.2013, passed by the Second Additional Session Judge, Khurai, Sagar, in S.T. No. 639/2011, wherein the appellant has been sentenced for offence under Sections 363, 366 and 376 of the IPC for five years, seven years and ten years rigorous imprisonment with fine of Rs. 1,000/- for 'each' offence respectively.

(2.) The prosecution case in brief is that the prosecutrix was leaving with her parents at Veer Sawarkar Ward, Bina. Her date of birth is 14.06.1997. She was a minor at that time. On 15.07.2011, at about 01:00 'O'clock, the accused called the prosecutrix near the Municipality Office. When the prosecutrix went there, he asked her to accompany him to Sagar. The prosecutrix refused. The accused threatened her and took her to her mother, who lived at Sagar, near Apsara Talkies. She was kept there till 21.07.2011. When she was being taken to the Court for marriage, police caught them, The prosecutrix narrated the whole incident. On 15.07.2011, when the prosecutrix was not found, search was made and her father Lakhpati lodged a missing report (Ext.P/1).

(3.) After the prosecutrix was recovered Exht.-P/5 was drawn. Subsequently, report Ext. P/11 was lodged. During the investigation, the prosecutrix was examined medically. Spot map Ext. P/2 was prepared. After recording the statements of the witnesses, the accused was arrested. The slide prepared from the "vaginal swab" of the prosecutrix was seized. Her mark-sheet was seized by seizure memo Ext.P/4. The semen slide of appellant seized by Ext. P/7. These items were sent to FSL Sagar, for examination by letter Ext.P/14. Charge-sheet was filed before JMFC Bina. Subsequently, the casewas committed to the Session Court and later it was transferred to Additional Session Judge, Khurai. Charges under Sections 363, 366-A and 376 of the IPC was framed against the appellant. The appellant abjured guilty.