BALLAN ALIAS MANOJ 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 24-1-2008 passed by 2nd Additional Sessions Judge, Gwalior in Sessions Trial No.47/2007 by which the appellant has been convicted for the following offences : <FRM>JUDGEMENT_38_LAWS(MPH)8_2019_1.html</FRM>

(2.) It is not out of place to mention here, that the co-accused Chhote Singh was also convicted, however, as per report received from the police authorities, Chhote Singh expired on 9-2-2015, and accordingly by order dated 7-1-2016, the appeal filed by Chhote Singh has been dismissed as abated.

(3.) The prosecution story in short is that 18-9-2006 at about 1 P.M., the prosecutrix had gone to attend stitching classes, and thereafter went missing. When the father of the prosecutrix could not trace out the whereabouts of the prosecutrix, then he lodged a gum insaan report in police station Madhoganj. During the enquiry, the police came to know that the appellant and co-accused have kept the prosecutrix in a house at Dabra and accordingly, the prosecutrix was recovered from the house of appellant Ballan Kushwaha. The recovery memo Ex. P.6 was prepared. The statement of the prosecutrix was recorded and F.I.R., Ex.P.17 was lodged for offence under Sections 363, 366, 376 of I.P.C. The prosecutrix was sent for medical examination. The MLC report of the prosecutrix is Ex. P.8. The spot map was prepared. The prosecutrix was handed over to her father. The statements of the witnesses were recorded. The appellant was arrested and was got medically examined. The ossification test for ascertaining the age of the prosecutrix was done. After completing the investigation, the police filed charge sheet against the appellant and co-accused for offence under Section 376/34 of I.P.C.