STATE OF J&K Vs. MADHUR SINGH

JUDGEMENT

(1.) The appeal has been preferred by the State against the judgment dtd. 19/12/2013, passed by the court of learned 3rd Additional Sessions Judge, Jammu whereby the trial court acquitted the respondent (referred as accused in the judgment) of charge framed under Sec. 376 RPC. The respondent has been convicted for offence under Sec. 363 RPC and sentenced for rigorous imprisonment for a period of three years and a fine of Rs.2000.00. In default of payment of fine, the accused was to undergo simple imprisonment for a period of one month. The period of detention undergone by the respondent was set off against the sentence imposed by the court. The court directed the release of the respondent from custody as he had already completed the sentence during custody. It is submitted in the appeal that the judgment passed by the trial court is against law and facts of the case and the trial court has failed to appreciate the prosecution evidence. It appears that the appellant while filing the appeal has not thoroughly gone through the judgment/order passed by the trial court as the appeal does not speak of the conviction of the respondent by the trial court for the offence under Sec. 363 RPC and seeks conviction of the accused in offence under Sec. 363 RPC.

(2.) Heard learned Additional Advocate General for the appellant. The scanned record of the trial court is before the court.

(3.) The alleged missing of the prosecutrix led to filing of report by the father of the prosecutrix with Police Post, Canal Road, Jammu on 22/9/2010. It was reported that the prosecutrix left her house on 20/9/2010 at 5.30 PM for visiting her friend but did not return back in the evening. The prosecutrix could not be found despite search. PW-3, father of the prosecutrix, filed written complaint with the Magistrate resulting into registration of FIR No. 183/2010 with Police Station, Nowabad under Sec. 363 RPC. The prosecutrix along with the accused was recovered from the tenanted premises of accused from Meerut. On completion of the investigation, the challan was presented against the accused under Sec. 363/376 RPC and charges were also framed against the accused for the aforesaid offences. The accused denied the charges and claimed trial.