TARA CHAND Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been filed by the accused appellant under Section 374 Cr. P.C., 1973 against the judgment dated 21.11.1994 passed by learned Additional Sessions Judge, Neem Ka Thana, ('the learned trial court' for short) in Sessions Case No. 16/1993 whereby the appellant has been convicted and sentenced under Section 363 IPC to two years rigorous imprisonment and a fine of Rs. 1,000/-. In default of payment of fine the accused appellant has been directed to further undergo four months Simple Imprisonment.

(2.) The brief facts of the case are that complainant Lal Chand submitted a written report at Police Station Neem Ka Thana stating therein that on 3-12-1992, his niece 'S' (hereinafter to be referred as 'the victim') aged 13-14 years went for call of nature but she did not turn up. On the basis of aforesaid written report, an FIR No. 327/1992 was registered under Sections 363 and 366 IPC. After registration of the FIR, the police started investigation. Thereafter, the appellant was arrested by the police and after investigation the police submitted charge sheet against the accused appellant under Sections 376, 363 and 342 IPC.

(3.) The learned trial court framed charges against the appellant for the offence under Sections 376, 366 and 342 IPC. The accused denied the charges, pleaded not guilty and claimed to be tried.