DHANNA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 22.12.1987 passed by the learned District & Sessions Judge, Jhalawar in Sessions Case No.126/1987 convicting the appellant under sections 366 & 376 IPC and sentencing him to suffer imprisonment for 3 years and 7 years respectively and also to pay a fine of Rs. 1,000/- and Rs. 1,500/- correspondingly and suffer imprisonment in case of default in payment thereof.

(2.) I have heard Mr. Rinesh Gupta, learned counsel for the appellant and Mr. Javed Choudhary, Public Prosecutor for the State.

(3.) The case of the prosecution in short is that on 21.05.1987 the victim Dhapu Bai, the daughter of Nand Ram a resident of Kadar Nagar, Tehsil Pidawa, having gave missing, a FIR was lodged with the jurisdictional police station by her father. Following registration of the police case, investigation was started and eventually the victim was recovered from the custody of the appellant. Charge-sheet was submitted against him under sections 366 and 376 IPC. Charge was, however, framed by the learned trial court against him under sections 366 and 376 IPC to which he pleaded "not guilty".