AKEEL Vs. STATE OF M P

JUDGEMENT

(1.) In this appeal from jail the accused-appellant calls in question the propriety of the judgment of conviction and order of sentence passed by the learned Sessions Judge, Chhindwara in C.Z. No. 106/90 convicting him under section 363 and 376 of the Indian Penal Code (hereinafter referred to as 'IPC') and sentencing to undergo R.I. for 7 years on each count with a stipulation that both the sentences would run concurrently.

(2.) The prosecution story, in belief, is that on 9.1.90 the accused forcibly kidnapped the prosecutrix, look her to various places and had sexual intercourse with her. A first information report (Ex. P-1) was lodged on 10.1.90 by the father of the victim. It was alleged in the F.I.R that the victim girl aged about 13 years and she was missing. It was also alleged that some people of the village had seen her being followed by the accused. After the criminal action was set in motion. The investigating agency registered the case under Sections 363, 366 and 376 of IPC, and thereafter, the accused was apprehended. Medical examination of the prosecutrix was conducted and on finding that the prosecutrix was aged about 13 to 14 years and there was sigma of sexuel intercourse, charge-sheet was laid for the aforesaid offences.

(3.) To bring home the charge, the prosecution examined number of witnesses, brought certain documents on record which included the medical reports and school leaving certificate. On behalf of the defence no evidence was adduced.