RAFIQUE KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE accused/Appellants stand convicted under Section 363, and 368 of I.P.C. and have been sentenced to undergo rigorous imprisonment for two years, for each of the offences under Section 363 and 368 of I.P.C. and rigorous imprisonment for three years under Section 366 of I.P.C., by judgment dt. 31.10.1988 in Sessions Trial No. 151/87 by Ist Additional Sessions Judge, Damoh.

(2.) UNDISPUTABLY , Appellants Refigue Khan and Kabbo Bai are brother and sister. The prosecutrix Dropadi was the neighbour of Appellant No. 2 Kabbo Bai. Prosecutrix as well as Appellant No. 2 used to prepare 'bidis'. Prosecutrix Dropadi (P.W.1) resided with her parents and her brother complainant Kalicharan (P.W.2) at village Wardha.

(3.) WHEN Dropadi (P.W.1) was found missing from her home, her brother Kalicharan (P.W.2) lodged report (Ex. P.1) dt.4.7.87 at Police Station Domoh Dehat. Since the incident related to police Station Madiadoh, the matter was transferred there. F.I.R. (Ex. P -6) was recorded at police Station Madiadoh and offence was registered. Kotwari register was seized from Kotwar Pitaia (P.W.7). The copy of relevant entry is (Ex. P -5/A). According to the said entry, the prosecutrix Dropadi (P.W.1) was born on 1.9.1971 and was thus aged less than 16 years at the time of incident. After concluding investigation, chargesheet was filed against the accused/Appellants by police Madiadoh, District Damoh.