ABRAR KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed assailing the impugned judgment dated 29.4.1997 passed by Additional Sessions Judge, Begamganj, District Raisen in Session Trial No. 52/96 whereby the appellant has been convicted under Sections 376 and 366 of the IPC and sentenced him to undergo RI for 7 years along with fine of Rs. 3000/- and RI for 4 years along with fine of Rs. 2000/-, with default stipulation as mentioned in the impugned judgment.

(2.) The prosecution case, in short, is that on 16.12.1995 Omkar Prasad, father of the prosecutrix, lodged a report in the Police station Begamganj to the effect that on 8.12.1995 he went to village Ulsa for distributing sugar and stayed there for two days. On returning to his house, his wife informed him that the appellant/accused enticed the prosecutrix aged 15 years and ran away with her. He enquired from the relatives about the prosecutrix but he did not find whereabouts of the prosecutrix. On the report of the father of the prosecutrix, FIR Ex.P/1 was recorded in Police Station Begamganj, District Raisen for the offence under Sections 363 and 366 of the IPC against the appellant/accused. Thereafter, the criminal law set in motion. The prosecutrix was recovered from the possession of the appellant/accused. She disclosed that the appellant took him forcefully from her house where she came out of the house to urinate and force to wear hizab to hide identity and took Bhopal by bus then Shujalpur by train then Pachor by bus and in Pachor she was kept two days in the house of relatives then in rented house for 10-11 days. On her statement, the appellant/accused was arrested. The prosecutrix was medically examined. A sealed packet was seized from the hospital. Statements of the witnesses were recorded. Spot map was prepared. After investigation was over, a charge sheet was filed before the concerned JMFC, who committed the case to the Court of Session for trial.

(3.) The appellant-accused abjured his guilt and pleaded complete innocence and also claimed to be tried. He also stated that the prosecutrix herself went with him. In his defence, he examined Samad Khan (DW-1) and Mangilal (DW-2) but they have not disclosed any relevant thing about the incident.