RAMKISHAN @ RAJA Vs. STATE OF M P

JUDGEMENT

(1.) This criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment dated 13.12.2005 passed by 1st ASJ, Dabra, District Gwalior in S.T.No.191/2005 by which the appellant has been convicted for offence punishable under Sections 363, 366 and 376 of IPC and has been sentenced to undergo the rigorous imprisonment of three years and a fine of Rs. 1,000/-, five years rigorous imprisonment and a fine of Rs. 5000/- and 10 years rigorous imprisonment and a fine of Rs. 10,000/- with default imprisonment, respectively. It has also been directed by the Trial Court that out of the total fine amount, an amount of Rs. 10,000/- be paid to the prosecutrix by way of compensation and all the sentences have been directed to run concurrently.

(2.) The necessary facts for the disposal of the present appeal in short are that on 1.4.2004, the complainant Atar Singh Jatav lodged a Gum Insan report alleging that his 13 years of old daughter had gone to Chinor on 24.3.2004 for appearing in the examination of Class 8th and has not returned back and inspite of the best efforts, her whereabouts could not be ascertained. A Gum Insan case was registered as 3/2004 and the matter was investigated by Head Constable Pancham Singh. The statements of the witnesses were recorded who stated that the appellant Ramkishan @ Raja has taken away the prosecutrix. Accordingly, the FIR in Crime No.53/2004 was registered for offence under Sections 363, 366 of IPC. The prosecutrix was recovered from the possession of the appellant along with three months old boy. The prosecutrix was got medically examined, her statement was recorded and she made specific allegations of commission of rape by the appellant and it was also stated by her that the co-accused Kamlesh had assisted the appellant Ramkishan @ Raja. Accordingly, the police after concluding the investigation filed the charge sheet against the appellant and the co-accused Kamlesh for offence under Sections 363, 366, 376 of IPC.

(3.) The Trial Court framed charges under Section 363, 366, 376 of IPC against the appellant and framed the charge under Section 366 of IPC against the co-accused Kamlesh.