SANGITA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has preferred this criminal appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short "The Code") against the judgment dated 31/08/2019 passed by Additional Sessions Judge, Barnagar, District Ujjain in Sessions Trial No. 383/2017, whereby the appellant has been convicted for offence punishable under Section 365 of IPC, 1860 and sentenced to undergo 3 years R. I with fine amount of Rs. 2000/- and in default to undergo 6 months additional R. I.

(2.) Prosecution story in short is that on 20/09/2016 complainant lodged a report at Police Station Batapchalana that on 17/09/2016 the present appellant and her husband, who came in acquaintance with the complainant when he went to Ramdewara Yatra, came to his house. On 19/09/2016 he along with them went to his daughter-in-law Sanju's parental home at village Oradi. As his daughter-in- law was expecting to deliver a baby, the complainant and her father left Sanju & her elder son in the house along with appellant-Sangita @ Sonu & her husband and went to field for work. On returning back they found their elder grandson missing from the house and he suspect that the appellant and her husband might have kidnapped the child. On the basis of which Police registered FIR against the accused persons for the aforesaid offence.

(3.) During investigation, police prepared spot map, recorded the statement of witnesses. The child was recovered from Child Welfare Committee, Chittorgarh and handed over to the complainant's son-Anklesh. The accused persons were arrested and a motorcycle bearing Registration No. SJ1067 was seized from co-accused Rajesh. After completion of investigation, Police filed charge-sheet against the appellant and her husband Rajesh for offence under Section 365 of IPC 1860 before the Court Judicial Magistrate First Class, Barnagar, District Ujjain, whereby the case was committed to the Court of Additional Sessions Judge, District Ujjain vide order dated 19/05/2017.