G.S.AHLUWALIA - (1.)This criminal appeal under Section 374(2) of Cr.P.C. has been filed against the judgment dated 21.04.2009 passed by 2nd Additional Sessions Judge (Fast Track), Ganjbasoda District Vidisha in Sessions Trial No.205/2006, by which the appellant has been convicted for an offence under Sections 363, 366-A and 376 of IPC and has been sentenced to undergo rigorous imprisonment of three years and a fine of Rs.500/- and rigorous imprisonment of three years and a fine of Rs.500/- and rigorous imprisonment of seven years and a fine of Rs.500/- respectively with default imprisonment. All the sentences have been directed to run concurrently.
(2.)The prosecution story, in short, is that the complainant Narendra Sharma lodged a Guminsan report on 21.07.2006 that his daughter is missing. Accordingly, Guminsan No. 34/2006 was registered. In the report, it was alleged that at about 10:00 PM he went to sleep after taking his meal and his daughter (prosecutrix) and other children were sleeping together. At about 12:00 in the night, when the complainant woke up for getting himself eased, then he found that his eldest daughter is not there. He tried to search her but could not know about her whereabouts. The police ultimately registered the FIR in Crime No. 525/2006. The prosecutrix was recovered. Statements of the witnesses were recorded. The prosecutrix as well as the accused were sent for medical examination and the appellant was arrested. The police after concluding the investigation filed the charge-sheet for offence under Sections 363, 366-A and 376 of IPC.
(3.)The Trial Court by order dated 29.11.2006 framed the charge under Sections 363, 366-A and 376 of IPC.