RAMNIWAS Vs. STATE OF M. P.

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 18/2/2015 passed by Additional Sessions Judge, Karera, District Shivpuri in S.S.T. No.81/2014, by which the appellant has been convicted and sentenced as under:-

(2.) The necessary facts for disposal of the present appeal in short are that the complainant lodged a FIR on 20/7/2014 that he and his wife Jasso had gone to their fields and the prosecutrix, Khusboo and his son Vikas were in the house and when they came back, then they were informed by their daughter Khusboo that the prosecutrix is missing from the house from 12 PM and she had left the house without informing anybody. The prosecutrix was searched by the complainant in the nearby villages, but he could not find out her whereabouts and on 21/7/2014 one Mulayam Kushwaha and Rameshwar Kushwaha informed that the prosecutrix has been taken away by Ballu resident of Damron and have gone towards Matvari. Ballu Kushwaha is the brother-in-law (Sala) of Bheeka Kushwaha and when the complainant inquired from the son of Bheeka Kushwaha, then he informed that his maternal uncle Ballu has also taken his mobile with SIM No.9621743610 and thus, a report was lodged that Ballu has abducted the prosecutrix with an intention to marry her. Accordingly, the police registered the Crime No.376/2014 for offence under Sections 363 and 366 of IPC.

(3.) After the prosecutrix was recovered, she made a statement that the appellant had committed rape on her and accordingly, the offence under Section 376 of IPC was also added. The spot map was prepared. The statements of the prosecutrix and other witnesses were recorded. The prosecutrix was got medically examined and her ossification test was also conducted. The undergarments as well as slide of the prosecutrix which were sent by the hospital in sealed condition were seized and were sent to Forensic Science Laboratory. Thereafter, the police after completing the investigation, filed the charge-sheet against the appellant for offence under Sections 363, 366, 376 of IPC and under Section 3/4 of the POCSO, Act.