AARIF KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 19.11.1996 passed by the 1st Additional Sessions Judge Raisen, Camp Begumganj in S.T. No.41/94, whereby the appellant was convicted and sentenced for the offences as under:- Section Act Sentence Fine amount Sentence in default of payment of fine 363 I.P.C. Three year's R.I. Rs.1,000/- Three month's S.I. 366 I.P.C. Three years' R.I. Rs.1,000/- One month's S.I. 376(1) I.P.C. Seven years' Rs.3,000/- Nine months' R.I. S.I. All the sentences to run concurrently

(2.) THE prosecution's case, in short is that, the prosecutrix (PW-5) was taking a course of embroidery with Nighat Parveen (PW-6). Nighat Parveen was running a embroidery center at the house of one Matin, Advocate at Begumganj. On 14.1.1994, the prosecutrix went to the center of Nighat Parveen to learn the embroidery. The appellant sent his nephew to take the prosecutrix with a message that mother of the prosecutrix suddenly fell ill and therefore, the prosecutrix went alongwith the nephew of the appellant. In a lonely street, the appellant held the prosecutrix with the help of his companions and thereafter, he took her to a village by a jeep away from the township of Begamgunj. Hidayat Ali (PW-3) father of the prosecutrix went to the embroidery center to inquire about the prosecutrix as she did not come back from the embroidery center to her house after tutorial period. Nighat Parveen informed the witness Hidayat Ali that the prosecutrix was taken by the nephew of the appellant. Hidayat Ali tried to contact with the brother of the appellant, but he could not get any information about his daughter and therefore, he had lodged a complaint before the Police Station, Begumganj, which was written in Rojnamcha number 727.

(3.) THE learned 1st Additional Sessions Judge, after considering the evidence adduced by both the parties, convicted the appellant for the offences punishable under Sections 363, 366 & 376(1) of IPC and sentence him as mentioned above.