BABULAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal under section 374 Cr.P.C., at the instance of the convicts Babulal and Sarik is against the judgment dated 19/07/2017 passed by Additional Sessions Judge, Sarangpur, District Rajgarh in Special Sessions Trial No.487/2015.

(2.) As per prosecution story, on the date of incident i.e., on 03/12/2015 about 02.00 pm the prosecutrix (P.W.1) while on her way from house to her mother's place in the field to offer tea and reached near Badia road, two miscreants came on white Tavera bearing registration No.MP09-BC-9883 forcibly dragged her inside the car and moved towards village Talen. On screaming, they threatened to kill her. However, the villagers working nearby fields saw the incident had informed her father Gokul Prasad, brothers Rameshchandra, Kedarnath and Bhagwandsingh who chased and stopped the car and nabbed the accused persons. Though the accused/appellants tried to flee away from the spot, they have been caught hold. Thereafter, all of them reached police station, Pachor alongwith accused and lodged FIR at crime No.844/2015 for the offence punishable under sections 363, 366/34 and 354 IPC and sections 7/8 of the Protection of Children from Sexual Offence Act,2012 as well as sections 39/192 and 3/181 of the Motor Vehicles Act, 1988. However, after completion ofinvestigation; the challan was submitted adding offence punishable under section 366A IPC.

(3.) The investigation was carried out by Mohansingh (P.W.5). Police prepared spot map (exhibit P/2), Supardgi panchnama (exhibit P/7) prepared in presence of witnesses Jagannath and Rameshwar and prosecutrix was given in supardgi to her father Gokul Prasad, the vehicle used for commission of offence was seized from accused Babulal vide panchnama exhibit P/8, arrest panchnama prepared and arrested the accused persons vide exhibits P/9 and P/10 and recorded statements of Gokul Prasad, Leeladevi, Kedarnath, Rameshchandra, Bhagwansingh, Lakshminarayan, Devnarayan. Both the injured accused were sent for medical examination. Dr. D.S.Bhadoriya (PW.6) conducted their medical examination on 03/12/2015 vide exhibits P/12 and P/13 and found simple injuries on their persons.