HIRALAL @ HIRA Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2018-1-445
HIGH COURT OF MADHYA PRADESH
Decided on January 05,2018

Hiralal @ Hira Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

Subodh Abhyankar, J. - (1.) This criminal appeal under Section 374 (2) of the Code of Criminal Procedure has been preferred by the appellant being aggrieved of the judgment dated 12/7/2013 passed by the 13th Additional Sessions Judge, Bhopal in ST No.622/2009, whereby the present appellant has been convicted and sentenced as under: JUDGEMENT_445_LAWS(MPH)1_2018_1.html JUDGEMENT_445_LAWS(MPH)1_2018_1.html
(2.) In brief, the case of the prosecution is that in the night of 12.2.2009 at around 8 O'clock the present appellant enticed and abducted the prosecutrix, who was minor from Kaveri Colony, Kolar Road Bimakunj, Bhopal and took her to Village Alot Chamola District Ujjain and sold her to co-accused Ramesh, who in turn raped her and kept her with him for around three months. Co-accused Ramesh and Prahlad Suryavanshi had already been tried in different ST No.622/2009 wherein the co-accused Prahalad Suryavanshi has been acquitted whereas co-accused Ramesh has been convicted under Sections 363, 366, 376(1) of IPC, and since the present appellant Hiralal @ Hira was absconding at the time of trial of co-accused persons, hence his case was kept pending under Section 173(8) of Cr.P.C. and was tried separately.
(3.) The case of the prosecution is that on 23.2.2009 a missing person report was lodged by Narayan, who is the father of the prosecutrix at Police Station Kolar Road to the effect that on 15.2.2009 he was informed by one Bhaiyalal on phone that his daughter is missing since 12.2.2009, who at around 8:00 in the night had gone to answer the nature's call. It is the story of the prosecution that the prosecutrix, who used to live with her parents at Seoni had come to Bhopal with the said Bhaiyalal to work as labourer. It is the further case of the prosecutrix that on 4.5.2009 the prosecutrix was brought to the Police Station Kolar Road by her mother and it was informed that she was working as a labourer at Sarvadharm Sector, Bhopal where she came to know present appellant Hira, who was also working on the same site and developed acquaintance. On 12.2.2009 when she had gone to answer the nature's call, the present appellant met her and asked her to marry with him and when she refused, then Hira and co-accused Prahalad forcefully took her to Ujjain from a jeep and from Ujjain they went to Hira's brother-in-law Mohan and on 14.2.2009 Hira and Mohan sold the prosecutrix to Ramesh and Nagu Maharaj and went away from there. It is further the story of the prosecution that Ramesh and Nagu Maharaj took her to Village Dokarkheda District Jhalawad (Rajasthan) where Ramesh kept her as his wife for around three months and had also raped her during this period. There she also came to know one Arjun and with the help of Arjun and his friend Narayan, she came back to Ujjain from where she called her mother and neighbour Mahesh Chourasiya on phone who came to Ujjain, took her to Bhopal and lodged a report on 4.5.2009 at Police Station Kolar Road vide Crime No.168/2009 under Sections 363, 366, 376/34, 506 of IPC against the accused persons Hira, Mohan, Prahalad, Ramesh and Nagu Maharaj.;


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