(1.) The appellant is questioning the judgment of the trial Court in SC No.127 of 2017 dtd. 23/2/2021 finding the appellant guilty for the offences under Sec. 376(2)(n) of IPC and sentenced to under go Rigorous Imprisonment for a period of ten years and also sentenced to undergo 2 years simple imprisonment for the offence under Sec. 366 of IPC.
(2.) The facts of the case are that P.W.1, who is the father of the victim, P.W.2, aged about 17 years, filed a complaint Ex.P1 dtd. 19/9/2016 stating that P.W.2 was missing. The said complaint is Ex.P1 registered as First Information Report Ex.P12. In Ex.P1, it is stated by P.W.1 that P.W.2 was missing from the evening of 17/9/2016 and suspected that the appellant might have taken his daughter. Two days after the complaint, the police called PW.1 to the police station as P.W.1 and appellant went to the police station. The Police recorded the statement of P.W.2 and altered sec. of law to Sec. 376 IPC, Sec. 3 r/w 4 of Protection of Children from Sexual Offences Act, 2012 (for brevity 'the Act of 2012 ').
(3.) The Police, Husnabad Police Station, charge sheeted the appellant for the said provisions and charges were framed for the offences under Sec. 366, 376(2)(j) IPC, Sec. 4 of the Act of 2012. After conclusion of trial, the appellant was convicted as stated supra.